Court Orders New Trial in High-Profile Murder Case as State Appeals to Supreme Court
Defendant Sinyan
In a development that could reshape one of the country’s most closely followed murder trials, the High Court has ordered a new trial in the case of State v. Kumba Sinyan, the woman accused of killing Lamarana Jallow. The decision has prompted an immediate appeal by the Attorney General’s Chambers to the Supreme Court, as well as a motion seeking to halt further proceedings.
The ruling, delivered on April 2 by Justice A.J. Coker, calls for the case to begin anew—de novo—a move the State says undermines over two years of prosecutorial work and risks compromising the integrity of the justice system.
Sinyan, who was first arraigned on November 9, 2022, pleaded not guilty to the charge of murder. The trial began before Justice Sidi K. Jobarteh, with the prosecution—led by Principal State Counsel M. Sanyang—presenting ten witnesses and 18 exhibits before closing its case on March 14, 2024.
The defense was set to open its case a month later, but proceedings were paused after defense attorney Sagarr Twun raised concerns about her client’s mental fitness. A psychological evaluation determined that Sinyan was fit to stand trial, and she began her testimony on June 26, 2024, continuing over six consecutive sittings.
In September, however, the trial was further disrupted when Justice Jobarteh went on maternity leave. Upon her return, Counsel Twun requested a reassignment of the case, citing the need for judicial continuity. The Chief Justice reassigned the matter to Justice Coker, a newly appointed judge.
Twun subsequently filed a motion for a fresh trial under the High Court Practice Directions of 2013 and 2019, which require that, in criminal proceedings, a new judge must begin the trial anew if the accused does not consent to proceed from where it left off.
The prosecution opposed the motion, warning that starting over would jeopardize the case. State Counsel Sanyang argued that the sheer complexity and length of the proceedings made a retrial burdensome and unjust, especially since the state had already closed its case after months of methodical litigation.
Still, Justice Coker granted the motion, citing the binding language of the Practice Directions; ruling “The position of the law must guide the Court. In a criminal trial such as this, for the capital offence of murder, the accused person must be given every opportunity to properly present her case.”
She further stated that the gravity of the charge and the change in judicial oversight necessitated a fresh start to preserve the fairness of the proceedings.
Aggrieved by the decision, the Attorney General’s Chambers lodged an appeal before the Supreme Court of The Gambia, contesting the applicability of the Practice Direction to the present matter.
The State, through Principal State Counsel Abdulmuhsin A. Wakawa, submitted that a de novo trial would not be in the interest of justice and would be inconsistent with Sections 4 and 5 of the 1997 Constitution, which safeguard the public interest and uphold the integrity of the judicial process.
In support of the appeal, an affidavit sworn by Ms. Yassin Senghore, a clerk at the Attorney General’s Chambers, asserts that initiating a fresh trial would nullify the substantial investment of time, resources, and effort already expended in the proceedings. The affidavit further highlights the risk of the unavailability of key prosecution witnesses, noting that some individuals are believed to have departed the jurisdiction.
“The trial has spanned more than two years and three months,” Counsel Wakawa stated. “Restarting the trial would waste public resources and frustrate justice for both the victim and the State.”
On May 7, 2025, the State submitted a formal motion before the High Court in Bakau, seeking an order for a stay of proceedings pending the outcome of an appeal currently before the Supreme Court. The motion has been scheduled for hearing on June 4, 2025, before the newly assigned trial judge.
The determination of this motion will decide whether the trial proceeds de novo or remains suspended until the Supreme Court issues its ruling. Legal commentators have noted that the matter raises fundamental issues regarding the equilibrium between the procedural rights of the accused and the State’s obligation to prosecute grave offenses with due diligence.
The prosecution of the alleged murder of Lamarana Jallow has captured considerable public attention since its inception, and the subsequent legal developments have further intensified national interest. The forthcoming decision of the Supreme Court is anticipated to establish a precedent of substantial importance concerning the principles of procedural fairness, judicial continuity, and the application of High Court Practice Directions in the adjudication of serious criminal matters.