By Arret Jatta
The High Court in Banjul acquitted and discharged a former State House Chief driver Mansa Sumareh and Ebrima JS Sanneh of all charges related to alleged forgery and uttering of false documents in connection with a diplomatic passport application.
Delivering judgment in the six -year long trial Justice Ebrima Jaiteh ruled that the prosecution had failed to prove its case beyond reasonable doubt.
“The prosecution’s evidence was insufficient to establish the essential elements of the alleged offenses, including forgery, uttering false documents, and conspiracy,” the judge said, adding that the prosecution’s case was marked by evidential gaps, contradictions and a failure to prove the essential elements of each offense beyond any reasonable doubt.
Justice Jaiteh said the court found that the key witnesses for the prosecution, including Momodou Sowe, Bakary Susso, and Kebba Drammeh, were unreliable and had provided contradictory testimony.
He added that Momodou Sowe, a senior protocol officer at the Office of the President, had admitted to drafting a fake approval letter, which raised serious doubts about his credibility while Bakary Susso’s testimony was also found to be unreliable, with the court noting that they had asked for receipts for the payments he claimed to have made to Mansa Sumareh, but none were provided.
Justice Jaiteh emphasised that the burden of proof lies squarely on the prosecution, and that the accused persons are entitled to the benefit of a reasonable doubt.
He therefore acquitted Mansa Sumareh and Ebrima JS Sanneh of all charges and discharged them.
In the same vein, Justice Jaiteh highlighted the importance of credible and reliable evidence in proving a case beyond a reasonable doubt, noting that the prosecution’s failure to provide such evidence had resulted in the collapse of their case.
The judge further stated that “no conspiracy between the accused persons has been established and critical witnesses were not called, and inconsistencies in the prosecution’s case undermine its credibility.”
