We will not allow lackadaisical prosecution – Justice Jaiteh
The case centres on the alleged illegal sale of land in Kassa Kunda that had previously been forfeited to the state by former President Yahya Jammeh. The state alleges the illegal transactions generated D13.1 million. Six other individuals, Cherno Serending Sabally, Kalilu Sanyang, Bakary Gomez, Bakary Sanneh, Lamin Sabally, and Malang Jarju are charged with Criminal Trespass and Obtaining Goods by False Pretence. Sanyang and his co-accused pleaded not guilty on March 11, 2026. Sanyang was granted bail of D1 million, while the others were granted bail of D2.2 million each. When the case was called for the evidence-in-chief of the first prosecution witness, the state counsel, Muhammad Sarr, informed the court that the witnesses were not present in court. Counsel Sarr told the court that the said witnesses were on their way to the court to testify and craved the court’s indulgence for a stand down to allow the witnesses to arrive. However, this did not sit well with Hon. Justice Jaiteh, who called out the prosecution for failure to present a witness in court in time. “What do you mean they are on the way?,” Hon. Justice Jaiteh asked the state counsel. “They are caught up in traffic and are on the way coming, my lord. They said they will be here in 5-10 minutes,” Counsel Sarr responded. Hon. Justice Jaiteh responded that 10 minutes was too long for the court to stand down. “Ten minutes is too long. You have to be prepared. You have to tell your witnesses to come on time. I am not going to entertain adjournments unnecessarily because witnesses are late. Wherever you are living, you are coming to court, and you know you should be in court. Wake up at 6 o'clock and start coming to court,” Hon. Justice Jaiteh said. Counsel Sarr further informed the court that his senior counsel, Jobarteh was the one communicating with the two witnesses who were supposed to appear in court. Hon. Justice Jaiteh responded that Counsel Mr. Jabarteh was not in court about what was going on. He said the prosecution cannot hold the court to ransom. Hon. Justice Jaiteh said the witnesses cannot decide to go to court anytime they want. “We cannot accept this type of prosecution. Witnesses must be willing to come on time. They have a duty,” Hon. Justice Jaiteh told the state counsel. Counsel Sarr responded that they will ensure the witnesses are in court on time the next time. He further craved the indulgence of the court for a stand down. “If they cannot come to court, they are sitting there. You come and make the necessary application. We will order their arrest. But when you are sitting there they choose to play with you. And you also want to come and extend that. I am not going to accept that. You have to tell them that they should be here on time,” Hon. Justice Jaiteh told counsel Sarr. Hon. Justice Jaiteh said the state witnesses are compelled to come to court. “What sort of prosecution is this? We cannot be playing with people's lives and liberties. Because you have accused them and put a serious allegation on their heads. I only hope the prosecution knows when you are accused of an allegation, you can't do anything at the time of the trial,” Hon. Justice Jaiteh stressed.
The case centres on the alleged illegal sale of land in Kassa Kunda that had previously been forfeited to the state by former President Yahya Jammeh. The state alleges the illegal transactions generated D13.1 million.
Six other individuals, Cherno Serending Sabally, Kalilu Sanyang, Bakary Gomez, Bakary Sanneh, Lamin Sabally, and Malang Jarju are charged with Criminal Trespass and Obtaining Goods by False Pretence.
Sanyang and his co-accused pleaded not guilty on March 11, 2026. Sanyang was granted bail of D1 million, while the others were granted bail of D2.2 million each.
When the case was called for the evidence-in-chief of the first prosecution witness, the state counsel, Muhammad Sarr, informed the court that the witnesses were not present in court.
Counsel Sarr told the court that the said witnesses were on their way to the court to testify and craved the court’s indulgence for a stand down to allow the witnesses to arrive.
However, this did not sit well with Hon. Justice Jaiteh, who called out the prosecution for failure to present a witness in court in time.
“What do you mean they are on the way?,” Hon. Justice Jaiteh asked the state counsel.
“They are caught up in traffic and are on the way coming, my lord. They said they will be here in 5-10 minutes,” Counsel Sarr responded.
Hon. Justice Jaiteh responded that 10 minutes was too long for the court to stand down.
“Ten minutes is too long. You have to be prepared. You have to tell your witnesses to come on time. I am not going to entertain adjournments unnecessarily because witnesses are late. Wherever you are living, you are coming to court, and you know you should be in court. Wake up at 6 o'clock and start coming to court,” Hon. Justice Jaiteh said.
Counsel Sarr further informed the court that his senior counsel, Jobarteh was the one communicating with the two witnesses who were supposed to appear in court.
Hon. Justice Jaiteh responded that Counsel Mr. Jabarteh was not in court about what was going on. He said the prosecution cannot hold the court to ransom. Hon. Justice Jaiteh said the witnesses cannot decide to go to court anytime they want.
“We cannot accept this type of prosecution. Witnesses must be willing to come on time. They have a duty,” Hon. Justice Jaiteh told the state counsel.
Counsel Sarr responded that they will ensure the witnesses are in court on time the next time. He further craved the indulgence of the court for a stand down.
“If they cannot come to court, they are sitting there. You come and make the necessary application. We will order their arrest. But when you are sitting there they choose to play with you. And you also want to come and extend that. I am not going to accept that. You have to tell them that they should be here on time,” Hon. Justice Jaiteh told counsel Sarr.
Hon. Justice Jaiteh said the state witnesses are compelled to come to court.
“What sort of prosecution is this? We cannot be playing with people's lives and liberties. Because you have accused them and put a serious allegation on their heads. I only hope the prosecution knows when you are accused of an allegation, you can't do anything at the time of the trial,” Hon. Justice Jaiteh stressed.



