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Published On: Thu, Dec 7th, 2023

State Has Filed An Appeal To Sentence Sanna Fadera To Life In Prison

The state has filed an appeal against the Judgment of Sanna Fadera and wants the court of Appeal to sentence him to Life in Prison

The Attorney General Chambers Ministry of Justice, representing the State, has filed an appeal against the judgment delivered by Justice BVP Mahoney in the criminal case involving treason, inciting mutiny, and concealment of treason. The State expresses its dissatisfaction with the verdict and seeks to challenge it through the appellate process.

In the judgment, Justice Basiru V.P Mahoney convicted and sentenced Lance Corporal Sanna Fadera, who was allegedly the ringleader of the December 2022 attempted coup, to twelve (12) years. However, all the other accused individuals were discharged and acquitted of the charges brought against them.

However the state filed an appeal, the State’s appeal focuses on two main areas of contention. Ground One argues that the Judge erred in considering PW2 (Yaya Manjang) and PW7 (Kaamo Jatta) as accomplices. The State asserts that these witnesses should not be regarded as participants in the coup plot.

Ground Two claims that the prosecution failed to prove their case against the second, third, and fourth respondents beyond a reasonable doubt. The State argues that there was sufficient evidence against these individuals, which the Trial Judge allegedly did not adequately evaluate. The State points to the corroborating evidence provided by mobile telephone call printouts (Exhibit P9 and Exhibit P10).

In Ground Three, the State disputes the Trial Judge’s rejection of the cautionary and voluntary statements made by the fourth respondent during the investigation. The State argues that the procedure followed in obtaining these statements complied with applicable laws and regulations.

Ground Four challenges the Trial Judge’s decision to discharge and acquit the first respondent in relation to counts two and five. The State presents compelling evidence suggesting the first respondent’s involvement in these counts.

Ground Five asserts that the judgment goes against the weight of the evidence presented in the case.

The State requests that the Court of Appeal sets aside the judgment delivered by Justice Mahoney on October 31st, 2023. Additionally, they seek an order to convict and sentence the respondents accordingly: the first respondent (Sanna Fadera) with respect to counts two and five; and the second, third, and fourth respondents (P/O Gibril Darboe, CPL Ebrima Sannoh, and S/I Fabakary Jawara) in respect to all the charged counts.

It could be recalled that,in December 2022, a foiled coup attempt was announced by the Government, followed by the arrest of the alleged persons involved. In January 2023, the State filed a case of treason, inciting mutiny, and concealment of treason against five junior soldiers and a policeman, alleging their involvement in an attempt to overthrow the Government through unlawful means.

The accused persons in this trial were Lance Corporal Sanna Fadera, Sergeant Gibril Darboe, Corporal Ebrima Sannoh, Corporal Omar Njie, and Sub-Inspector Fabakary Jawara, who was the only policeman involved. The charges included two counts of treason, two counts of concealment of treason, and incitement to mutiny. All the accused persons pleaded not guilty, and the State was tasked with proving their case.

After presenting eight witnesses, the state (prosecution) concluded their case, and each of the accused persons provided their defense. At the close of the prosecution’s case, Corporal Omar Njie made a ‘no case submission’ and succeeded, resulting in his acquittal and discharge from the trial. This left four individuals, one convicted and three acquitted.

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