By Isatou Sarr
The High Court in Banjul has admitted two cautionary statements into evidence in the ongoing Kasa Kunda land case involving former Lands Minister Sheriff Abba Sanyang and six others.
Justice Ebrima Jaiteh made the ruling on Thursday, October 8th, 2026, admitting statements made by Lamin Sabally and Kalilou Sanyang after dismissing a defense objection to their admissibility.
The accused persons: are Sheriff Abba Sanyang, Cherno Serending Sabally, Kalilou Sanyang, Bakary Gomez, Bakary Sannah, Lamin Sabally and Malang Jarju.
Principal State Counsel A. Adewumi Aluko, assisted by State Counsel F. Touray were the prosecuting officers. Counsel K. Sanyang appeared for the first accused, while Counsel J. Jeng represented the second to seventh accused persons.
The defense had objected to the admission of the statements which were recorded in May 2024, arguing that they had been obtained without an independent witness, contrary to Section 19(2)(b) of the Criminal Procedure Act, 2025.
The prosecution, represented by the Director of Public Prosecutions, opposed the objection, submitting that the documents were ordinary cautionary statements rather than confessions. It also argued that the 2025 Act could not be applied retrospectively to statements recorded in 2024.
In his ruling, Justice Jaiteh noted that the statements were recorded on May 7, 2024, before the Criminal Procedure Act, 2025, came into force, and that the law contained no indication that Section 19 was intended to operate retrospectively.
He further observed that the independent-witness requirement under Section 31(2) of the Evidence Act, 1994, applied specifically to confessions and did not automatically extend to all statements made under caution.
The judge also noted that there was no allegation or evidence before the court that the statements had been obtained through torture, oppression, inducement, threats, promises or other improper means.
Lamin Sabally’s statement was admitted as Exhibit P1, while Kalilou Sanyang’s was admitted as Exhibit P2.
Following the ruling, the prosecution’s second witness, Police Investigator Samba Mballow, continued his testimony. He told the court that he was part of the team that investigated the case and visited the disputed land at Kasa Kunda with officials from the Ministry of Lands.
According to Mballow, Abdoulie Sanyang led the team to the site and showed them the boundaries and different portions of the land.
The investigator said the team was shown an area representing 40 per cent of the land allocated to Kasa Kunda’s customary owners, while the government retained 60 per cent. He added that the team observed houses constructed on part of the land and an area where cement blocks were molded.
During cross-examination by Counsel J. Jeng, Mballow said he could not specifically recall whether the third and sixth accused persons had stated that the people of Kasa Kunda gifted the land to the former president. However, he maintained that the issue 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.
Mballow said he could not remember exactly when the two were invited to the police station but insisted they had not been arrested and were instead invited for questioning.
He also said he could not recall whether they reported to the police together. However, he maintained that an independent witness was present when their statements were taken, despite the defense’s suggestion that the witness arrived only after the statements had been recorded.
The court also heard testimony from the prosecution’s third witness, Police Officer Karalang Badjie of the Serious Crime Unit in Banjul.
Badjie told the court that on March 12, 2025, he travelled 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 testified that he read Sabally’s previous witness statement to him and explained that the police wanted to obtain a cautionary statement.
According to the officer, Sabally was informed of his rights and chose to maintain his previous statement.
Badjie said the statement was recorded in English, although the interview was conducted in Mandinka, and witnessed by Jallow. He added that the statement was read back to Sabally in Mandinka before he affixed his thumbprint.
The prosecution applied to tender the statement, and Justice Jaiteh admitted it as Exhibit P3 after the defense raised no objection.
During cross-examination, Counsel J. Jeng questioned whether Sabally had been 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 make a statement. He said Sabally could neither read nor write and that Jallow assisted as an independent witness.
The officer further testified that Sabally had said the people of Kasa Kunda gifted the land to the former president, adding that the government retained 60 per cent while 40 per cent was returned to the village’s Village Development Committee.
The court adjourned the case to October 14th, 2026.
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