DR. AMADOU SCATTRED JANNEH APPEALED AGAINST HIS JUDGEMENT

By A Staff Writer  

At the High Court of the Gambia, on Thursday 26^th of January 2012, the former Communication and Minister of Information Dr. Amadou Scattred Janneh has filed an application at the Court of Appeal in Banjul, through his defense Counsel Barrister and Solicitor Lamin S. Camara Challenging the Judgment that was delivered against him at the Special Criminal Court on the 17^th of January 2012 that ordered for him to spend the rest of his life in Prison.

The defense Counsel representing the Convict confirmed this information and has further told this reporter that a date for the beginning of the hearing of this appeal is yet to be given, indicating that the appeal is filed on behalf of the Principal accused person who is now a convict, Dr. Janneh.

The three other Convicts, who were charged alongside with Dr. Janneh, did not file an application to the Court of Appeal. The defense Counsel noted that he will be relying on all the grounds of Appeal filed on behalf of his client.

The first grounds of appeal filed on behalf of Dr. Janneh reveals that the court erred in Law in holding that a Prima facie case was made out against the Appellant. The Particular of error noted that the Court failed to avert its mind to the fact that the pronouncement that a prima facie case is made could only be arrived at after a no case to answer submission was made.

The grounds of appeal continued to reveal that the court misdirected itself when it held that the evidence of PW1 was corroborated by that of PW4, PW5, and PW10. The particulars of error further stated that the court failed to avert its mind to the nature of the evidence required in corroboration under section 38 of the Criminal Code adding that the ingredient of the offence of treason had not been established by the evidence adduced by the prosecution. It outlined that the ingredient of the offence of Conspiracy to commit treason has not in anyway been established by the prosecution.

The appeal indicated that the ingredients of the offence of sedition have not been established by the prosecution, further highlighting that the offence of seditious acts have also not been established by the state. It stated that the learned Judge misconstrued the nature of the evidence required in corroboration generally both with respect to Treason and Sedition. The grounds of appeal finally indicated that the Court misdirected itself when it held that the evidence of PW2 with respect to Seditions and Seditious act is corroborated by the evidence of PW7 and PW13.  

Readers would recall that the former Information and Communication Minister Dr. Amadou Scattred Janneh was arrested at his office on the 7^th of June 2011 with three other Persons and were all refused bailed since the beginning of the trial. The Police initially charged both the four accused persons which were followed by an amendment of new charges that was leveled against them by the state including host of other peoples who are not presently residing in the Gambia.