By: Nicholas Bass
Alasan Tamba, who had been facing a single count of robbery since October 2022, has been acquitted and discharged by the Banjul High Court following a three-year trial.
The case presided over by Justice Ebrima Jaiteh, centered on allegations that Tamba robbed Modou Lamin Mansally of an iPhone XR, then valued at D16,500 and D4,000 in cash.
In his judgment, Justice Jaiteh highlighted inconsistencies in the prosecution’s case, particularly focusing on the testimony of the second prosecution witness (PW2), Modou Lamin Mansally.
The judge noted that Mansally admitted he was grabbed from behind during the attack and was unable to identify his assailant at the time of the incident.
Justice Jaiteh observed that the identification of the accused only occurred later when Tamba allegedly returned to the scene to retrieve his shoes.
“This delayed identification, made after the robbery, lacked the necessary immediacy and connection to the crime itself, undermining its credibility as a reliable eyewitness account,” the judge stated.
In concluding his verdict, Justice Jaiteh emphasized that the prosecution failed to prove the essential elements of the offence under Section 272 of the Criminal Code. He described the evidence linking Tamba to the robbery as “conspicuously” lacking.
He further cited the unreliable nature of the victim’s identification and the defense’s presentation of an alibi, both of which raised reasonable doubt about the accused’s involvement.
“Given the presumption of innocence, along with the stringent standard of proof beyond reasonable doubt, I find it necessary to acquit Alasan Tamba of the robbery charge,” Justice Jaiteh ruled.
The judge stressed that a conviction must be based on solid evidence, not inference, and found that the prosecution had failed to meet the legal threshold required.
“Therefore, I hereby acquit and discharge Alasan Tamba on the charge of robbery contrary to Section 272 of the Criminal Code,” the Judge concluded.
