The High Court has ordered a new trial in the case of State v. Kumba Sinyan, the woman accused of killing Lamarana Jallow, a development that could significantly impact one of the country’s most closely monitored murder trials. The Attorney General’s Chambers has swiftly appealed the decision to the Supreme Court and filed a motion to suspend any further proceedings.
The ruling, issued on April 2 by Justice A.J. Coker, mandates that the case be restarted—de novo—a decision that the State argues jeopardises more than two years of prosecutorial efforts and threatens the integrity of the justice system.
Sinyan, initially arraigned on November 9, 2022, entered a plea of not guilty to the murder charge. The trial commenced under the oversight of Justice Sidi K. Jobarteh, with the prosecution, spearheaded by Principal State Counsel M. Sanyang, introducing ten witnesses and 18 exhibits before concluding its case on March 14, 2024.
The defence was scheduled to begin its case a month later; however, the proceedings were halted after defence attorney Sagarr Twun expressed concerns regarding her client’s mental fitness. A psychological evaluation concluded that Sinyan was competent to stand trial, and she commenced her testimony on June 26, 2024, proceeding through six consecutive sessions.
In September, the trial faced additional interruptions as Justice Jobarteh took maternity leave. Upon her return, Counsel Twun requested a reassignment of the case, emphasising the importance of maintaining judicial continuity. The Chief Justice assigned the case to Justice Coker, who has recently been appointed as a judge.
Twun subsequently filed a motion for a new trial under the High Court Practice Directions of 2013 and 2019, which stipulate that, in criminal proceedings, a new judge must commence the trial afresh if the accused does not agree to continue from the point it was halted.
The prosecution objected to the motion, cautioning that beginning anew would endanger the case. State Counsel Sanyang contended that the considerable complexity and duration of the proceedings rendered a retrial both burdensome and unjust, particularly given that the state had already concluded its case following months of thorough litigation.
Justice Coker granted the motion, referencing the binding language of the Practice Directions and stating, “The position of the law must guide the Court.” In a criminal trial of this nature, concerning the serious charge of murder, the individual facing the accusation must be afforded every chance to effectively present her case.
She additionally expressed that the seriousness of the charge and the alteration in judicial oversight required a new beginning to maintain the integrity of the proceedings.
Displeased with the ruling, the Attorney General’s Chambers filed an appeal with the Supreme Court of The Gambia, challenging the relevance of the Practice Direction to the current case.
The State, represented by Principal State Counsel Abdulmuhsin A. Wakawa, argued that a de novo trial would not serve the interest of justice and would contradict Sections 4 and 5 of the 1997 Constitution, which protect the public interest and maintain the integrity of the judicial process.
An affidavit sworn by Ms. Yassin Senghore, a clerk at the Attorney General’s Chambers, supports the appeal by asserting that starting a new trial would invalidate the significant investment of time, resources, and effort that has already been dedicated to the proceedings. The affidavit also underscores the potential risk posed by the unavailability of crucial prosecution witnesses, indicating that certain individuals are thought to have left the jurisdiction.
“The trial has extended over a period of more than two years and three months,” Counsel Wakawa remarked. “Restarting the trial would squander public resources and hinder justice for both the victim and the State.”
On May 7, 2025, the State filed a formal motion with the High Court in Bakau, requesting an order to stay proceedings until the Supreme Court’s decision on the ongoing appeal. The hearing for the motion is set for June 4, 2025, in front of the newly appointed trial judge.
The outcome of this motion will determine if the trial continues de novo or stays on hold until the Supreme Court delivers its ruling. Legal commentators have observed that the issue at hand brings to light essential questions concerning the balance between the procedural rights of the accused and the State’s duty to diligently prosecute serious offences.
The prosecution of the alleged murder of Lamarana Jallow has garnered significant public attention since it began, and the ensuing legal developments have heightened national interest even more. The upcoming ruling by the Supreme Court is expected to set a significant precedent regarding the principles of procedural fairness, judicial continuity, and the implementation of High Court Practice Directions in the handling of serious criminal cases.
