By Sainabou Sambou
The High Court of The Gambia, presided over by Justice Ebrima Jaiteh, dismissed a bail application by arson suspect Abdoulie Sanyang, who sought release from Mile II Central Prison on health grounds, ruling that his conditions do not meet the “exceptional circumstances” threshold under Section 125 of the Criminal Procedure Act, 2025.
The decision capped a tense courtroom showdown between defence counsel Lamin J. Darbo and state counsel S. L. Jobarteh. Sanyang, detained on arson charges, applied for unconditional release or temporary bail to seek specialised treatment in Switzerland, claiming detention exacerbated his spinal and psychiatric ailments.
Darbo’s team submitted a 14-paragraph affidavit with exhibits, including a report from CSP Yusupha Jabang of Mile II’s medical unit. The state contested Jabang’s qualifications, prompting Justice Jaiteh to order an independent assessment by Dr. Mustapha Bittaye, Chief Medical Director of Edward Francis Small Teaching Hospital (EFSTH).
Dr. Bittaye testified, presenting reports from EFSTH specialists and Tanka Tanka Psychiatric Hospital. He diagnosed Sanyang with post-surgical spinal disorder, rectal bleeding, and mood disorder with depression. Though prison conditions could worsen pain and anxiety, Bittaye deemed the illnesses stable, non-life-threatening, and treatable locally via EFSTH neurosurgery, outpatient reviews, and medication.
Darbo insisted the reports justified bail for structured care, decrying Mile II’s “deplorable” environment and invoking Sanyang’s presumption of innocence and low flight risk.
Jobarteh countered that arson demands stringent bail criteria, with EFSTH confirming manageable chronic conditions and available treatments. He dismissed psychiatric bail recommendations as overstepping medical bounds.
Justice Jaiteh upheld the law’s requirement for certification of untreatable conditions in detention. “No such certificate exists; the EFSTH report affirms local adequacy,” he stated, rejecting subjective claims of deterioration.
Dismissing the application, Jaiteh declared: “The applicant has not demonstrated exceptional circumstances… The bail application fails on its merits.”
Sanyang remains in custody pending trial.
