By Sainabou Sambou
Justice Ebrima Jaiteh of the High Court in Banjul has admitted into evidence the cautionary statements of two accused persons in the ongoing Kasa Kunda land case involving former Lands Minister Sheriff Abba Sanyang and six others, ruling that the statements were relevant and did not require an independent witness to be admissible.
The ruling followed a defense objection to the admission of cautionary statements made by Lamin Sabally and Kalilou Sanyang. Defense counsel argued that the statements, recorded in May 2024, were taken without an independent witness and therefore failed to comply with Section 19(2)(b) of the Criminal Procedure Act, 2025. They contended that the absence of an independent witness rendered the statements inadmissible.
The Director of Public Prosecutions rejected the objection, submitting that the documents were ordinary cautionary statements and not confessions. The prosecution further argued that the Criminal Procedure Act, 2025, could not be applied retrospectively to statements recorded in 2024.
In his ruling, Justice Jaiteh noted that the statements were recorded on 7 May 2024, before the Criminal Procedure Act, 2025, came into force, and that nothing in the law indicated Section 19 was intended to have retrospective effect. He observed that the requirement for an independent witness under Section 31(2) of the Evidence Act, 1994, applies specifically to confessions and does not automatically extend to every statement made under caution.
The judge added that there was no allegation or evidence before the court that the statements had been obtained through torture, oppression, inducement, threats, promises, or any other improper means.
The court admitted Lamin Sabally’s cautionary statement as Exhibit P1 and Kalilou Sanyang’s statement as Exhibit P2.
Prosecution’s second witness, Police Investigator Samba Mballow, then continued his testimony. He told the court that he formed part of the team that investigated the matter and visited the disputed land at Kasa Kunda with officials from the Ministry of Lands. According to the investigator, Abdoulie Sanyang led the team to the site and showed them the boundaries and various portions of the land. Mballow said they were shown an area representing 40 percent of the land allocated to the customary owners of Kasa Kunda, while the government retained 60 percent. He added that the team observed houses constructed on part of the land, as well as an area where cement blocks had been molded.
Under cross-examination by Counsel J. Jeng, Mballow said he could not specifically recall whether the third and sixth accused persons had stated that the land had been gifted to the former President by the people of Kasa Kunda. However, he said this emerged during the investigation. He confirmed that the two accused persons were from Kasa Kunda and had told investigators they were members of the village’s Village Development Committee. He said he could not remember exactly when they were invited to the police station, but maintained they were not arrested and were instead invited for questioning. When it was suggested that the two had reported to the police together, he said he could not recall. He insisted an independent witness was present when they took their statements, despite the defense putting it to him that the witness arrived only after the statements were recorded.
The court also heard from PW3, Police Officer Karalang Badjie of the Serious Crime Unit in Banjul. Badjie testified that on 12 March 2025 he traveled to Kasa Kunda to obtain a cautionary statement from the second accused, Kebba Sabally, following advice from the Attorney General’s Chambers. He said Adama Jallow, the Alkalo’s clerk, took him to Sabally at the Alkalo’s residence. Badjie told the court he first read Sabally’s previous witness statement to him and explained that police wished to obtain a cautionary statement. Sabally was informed of his rights and chose to maintain his previous statement.
Badjie said the statement was taken in Mandinka, although written in English, and was witnessed by Adama Jallow. It was read back to Sabally in Mandinka before he thumbprinted it. The prosecution applied to tender the statement, and with no objection from the defense, Justice Jaiteh admitted it as Exhibit P3.
During cross-examination, Counsel J. Jeng asked whether Sabally was properly cautioned when his original witness statement was taken. Badjie maintained that he had read the cautionary words to Sabally and asked whether he wished to remain silent or give a statement. He said Sabally could not read or write and that Adama Jallow assisted as an independent witness. Badjie further testified that Sabally said the people of Kasa Kunda gifted the land to the former President, and that the government retained 60 percent while returning 40 percent to the Village Development Committee.
The state was represented by Principal State Counsel A. Adewumi Aluko, assisted by State Counsel F. Touray. Counsel K. Sanyang appeared for the first accused, while Counsel J. Jeng represented the second to seventh accused persons.
The court adjourned the case to 14 October 2026.
