By Cecilia E.L. Mendy
The Banjul High Court has ordered the police to produce CCTV footage linked to the ongoing rape trial of Ass Malick Njie.
Justice Ebrima Jaiteh made the ruling on Monday following a defence application requesting footage reportedly obtained from QCell Limited during the investigation.
State counsel F. Drammeh appeared for the prosecution, while F.C. Anyanwu represented the accused.
The defence told the court it had requested CCTV footage from QCell Limited concerning the alleged incident at the company’s headquarters. A letter sent to the company on 12 February 2026 was responded to on 24 February by Omar Cham, QCell’s Human Resource and Legal Affairs Manager, stating that the footage had already been handed to police investigators and that the company retained no copy.
Citing Section 221 of the Evidence Act, 1994, the defence asked the court to direct the Inspector General of Police to ensure officers at the Latrikunda German Police Post produce the footage.
The prosecution opposed the request, arguing that the case file contained no reference to any CCTV footage and urging the court to dismiss the application.
In his ruling, Justice Jaiteh said Section 221 empowers the court to summon any person or institution to produce documents relevant to a case. He noted that the absence of the footage in the prosecution file does not necessarily mean it does not exist, as investigators may still hold materials not yet transmitted to prosecutors.
The judge said the footage could provide objective evidence of events at the alleged crime scene and might support or contradict claims by either party.
The court granted the defence application, directing the Inspector General of Police to ensure the CCTV footage is produced at the next hearing if it remains in police custody. If the footage cannot be located, the investigating officer must appear in court under oath to explain its whereabouts or status.
The case was adjourned to 5 May 2026.
