Presiding judge Justice Omar Cham ruled on Tuesday that the court martial has jurisdiction to try alleged former Jungler Lt Col Sanna Manjang for desertion, dismissing the defence claims that Manjang is no longer a soldier.
Manjang is accused of deserting his duty post at the State Guards Battalion in Banjul on or about January 21, 2017, and remaining absent for nine continuous years with intent to desert, an offence under Section 34 of the Gambia Armed Forces Act. He denied the charge at plea taking.
In a packed courtroom, Justice Cham recalled defence lawyer Sheriff K Jobe’s challenge that the court lacks jurisdiction because his client resigned from the Gambia Armed Forces.
The Director of Public Prosecutions AM Yusuf countered that Manjang remains a registered member of GAF.
Justice Cham agreed with the prosecution and ruled that the defence had failed to produce any proof of resignation, termination or discharge certificate, and therefore no evidence.
“Absence from duty for nine years does not establish resignation,” Cham ruled, arguing that the “defence failed to back arguments with proof.”
The court affirmed Manjang is still subject to service law and ordered that the trial continue, assuring all of a fair trial.
The defence then attacked the charge sheet, claiming the particulars therein lack clarity on Manjang’s actions.
DPP Yusuf however dismissed that argument, maintaining that desertion is clear and unambiguous, adding Manjang absented himself from State House with intent to desert.
Justice Cham upheld the prosecution’s objection to the defence motion but granted prosecution time to file formal reply.
The matter is adjourned to Monday 10:00am for continuation.
