High Court Orders Urgent Medical Report for Ex-Gambian Soldier Accused of Arson Amid Logistical Delays

By Alieu Ceesay

Abdoulie Sanyang, a former Gambian Soldier currently facing an arson trial before Justice Ebrima Jaiteh at the Banjul High Court, has encountered a significant setback in his medical bail application due to logistical challenges at Edward Francis Small Teaching Hospital.

Sanyang’s legal team requested bail, citing urgent medical conditions requiring immediate attention. In response, Justice Jaiteh ordered the hospital’s Chief Medical Director to conduct a comprehensive medical examination of Sanyang to assess his health and determine whether adequate treatment facilities are available at Mile II Central Prison, where he remains in custody.

The hospital, however, informed the court that it could not complete the examination as scheduled due to unspecified logistical difficulties. In a letter read in court, the facility acknowledged the order but stated, “The medical report couldn’t be completed due to certain logistical challenges.” No specific timeline for the report’s submission was provided, with the hospital only noting it would be submitted “as soon as possible.”

Justice Jaiteh, referencing Section 125 of the Criminal Procedure Act 2025, emphasized the legal obligation of government hospitals to provide medical certification for bail applications based on ill-health. Subsection (1) stipulates that bail for individuals charged with offenses punishable by life imprisonment, such as arson, may only be granted under “exceptional circumstances.” Subsection (2) defines these circumstances, requiring a certified medical report from a qualified practitioner at a government hospital confirming that the applicant’s condition cannot be adequately treated in detention.

“The Chief Medical Director of Edward Francis Small Teaching Hospital is hereby ordered to specify a definite date within a reasonable period by which the medical report will be made available to this court,” Justice Jaiteh declared. He further directed the hospital to explicitly state whether Mile II Central Prison has the necessary medical facilities to manage and treat Sanyang’s condition while he remains detained.

The delay in producing the medical report has prolonged Sanyang’s wait for a bail decision, leaving him in remand as the court awaits clarity on his health status. The case highlights ongoing challenges in coordinating medical evaluations within the judicial process, raising concerns about the timely administration of justice for defendants with health issues.

Justice Jaiteh outlines the court’s commitment to ensuring compliance with statutory requirements while balancing the rights of the accused.

The outcome of Sanyang’s bail application now hinges on the hospital’s ability to overcome its logistical hurdles and provide a detailed medical report.

The court has adjourned the matter pending the submission of the report, with no new hearing date announced. Sanyang’s legal team and the prosecution are expected to reconvene once the hospital complies with the court’s directive.