By: Cecilia E. L. Mendy
The High Court in Banjul on Friday granted the state leave to amend the charges against former Jungler Sanna Manjang, replacing the remaining murder charges with two counts of assault causing actual bodily harm.
Justice Sidi K. Jobarteh delivered the ruling after hearing arguments from both the prosecution and the defense over a further amended information dated 16 July 2026.
Deputy Director of Public Prosecutions E.R. Dougan informed the court that the amended information had been filed and served on the defense and requested that the accused be arraigned.
Defense counsel S.K. Jobe objected, arguing that the prosecution had failed to seek the court’s leave before filing the amended information and that a further amendment at that stage of the proceedings would prejudice the accused.
He told the court that the case had undergone several amendments since it was first filed in January 2026 as a two-count murder indictment. According to the defense the indictment was later expanded to six counts, reduced to four and had now been amended to replace the remaining murder charges with two counts of assault causing actual bodily harm.
The defense argued that the latest amendment was not intended to correct defects in the indictment but was a response to the prosecution’s inability to adduce sufficient evidence to sustain the murder charges. Counsel further submitted that the accused had remained in custody for nearly seven months because of the seriousness of the original charges and that the amendment would undermine his right to a fair trial.
Relying on Section 218 of the Criminal Procedure Act, 2025, the defense urged the court to reject the amended information, arguing that amendments should only be permitted where they do not prejudice the accused.
In response, the prosecution argued that under Section 85 of the constitution, the Director of Public Prosecutions has the authority to institute, undertake and amend criminal proceedings where necessary in the interest of justice. The state also maintained that the defense would have the opportunity to recall witnesses for further cross-examination if required.
In her ruling, Justice Jobarteh held that the requirements of Section 218 of the Criminal Procedure Act had been satisfied and that allowing the amendment would not prejudice the accused. She further ruled that the amended information had been properly filed and served on the defense and could not be disregarded merely because no separate application had been made.
The court subsequently took the accused’s plea on the amended information.
Under the revised charges, Manjang is accused of assault causing actual bodily harm, contrary to Section 228 of the Criminal Code.
The first count alleges that in March 2006, at the former National Intelligence Agency premises and other locations in Banjul, Manjang, while serving in the Gambia Armed Forces and as a member of the Junglers, assaulted Tamsir Jasseh by beating and kicking him, causing severe injuries.
The second count alleges that during the same period, he assaulted military officer Yaya M.S. Darboe by beating him with sticks, pouring molten plastic on his body, tying him in a sack and winching him, causing serious injuries.
Manjang pleaded not guilty to both charges.
Following the plea, the prosecution applied for all previous proceedings to be adopted and informed the court that it was closing its case. Justice Jobarteh granted the application and declared the prosecution’s case closed.
Defense counsel Jobe informed the court that the defense had not anticipated the prosecution would close its case on the same day. He sought leave to file a formal bail application ahead of the court’s vacation, while also notifying the court of the defense’s intention to file a no-case submission.
The court adjourned the matter to 28 July 2026 for the hearing of the bail application.
