By Nicholas Bass
The State has appealed the verdicts against Lance Corporal Sanna Fadera and three alleged accomplices.
The Director of Public Prosecution (DPP) AbdourrahmanMaitama Yusuf on 20 November 2023, filed the appeal at the Court of Appeal, stating that the trial judge Justice Basiru V.P Mahoney wrongly evaluated and assessed the evidence of the second prosecution witness Yaya Manjang and the seventh prosecution witness Karamo Jatta. DPP Yusuf, in his appeal, said Justice Mahoney held that the testimonies of Manjang and Jatta did suggest that Petty Officer Gibril Darboe, Corporal Ebrima Sannoh, and Sub-Inspector Fabakary Jawara were part of the alleged coup plot but that the judge still considered them as accomplices.
In his notice of appeal, DPP Yusuf argued that the evidence of prosecution witness Jatta that he reported the alleged coup plot to the authorities was evidence that remained unchallenged and uncontroverted.
The DPP also stated that Manjang and Jatta were invited as witnesses during the course of the investigations, adding that they were never charged with any offense.
He further stated that exhibits P9 and P10 were mobile telephone call printouts that corroborated the evidence of the 4thprosecution witness Mustapha Jabbie and the 7th prosecution witness Karamo Jatta, stressing that such evidence has established that Petty Officer Darboe, Corporal Sannoh, and Sub-Inspector Jawara did communicate with Lance Corporal Fadera.
The DPP underlined that Justice Mahoney erred in law when he acquitted and discharged Darboe, Sannoh, and Jawara, adding that the trial judge also erred in law when he failed to admit into evidence the cautionary and voluntary statements of Corporal Omar Njie.
Consequently, the State sought from the Court of Appeal to set aside the judgment of the High Court delivered on 31 October 2023.
The State is now appealing for the conviction and sentencing of Darboe, Sannoh, and Jawara.