State opposes ex-soldier’s bail application, says condition treatable in Gambia

The State, represented by State Counsel Jobarteh, yesterday urged the High Court to reject the bail application filed by Abdoulie Sanyang, a former soldier of the Gambia Armed Forces (GAF), who is facing two charges—arson and interference with judicial proceedings, before Justice Ebrima Jaiteh.

State Counsel Jobarteh submits that the applicant, Abdoulie Sanyang, does not meet the legal threshold for bail as prescribed under Sections 125 and 128 of the Criminal Procedure Act. The medical report provided by the attending physician clearly states that all of Mr Sanyang’s medical conditions were manageable and can be treated while in detention.

Upon reviewing the report, it is evident that the applicant’s general condition is stable and not life-threatening. The doctor did not indicate any need for consent or urgent intervention. Had the situation been critical, Mr Sanyang would not have been discharged from the Edward Francis Small Teaching Hospital (EFSTH); rather, he would have been admitted for further treatment.

The medical report explicitly states: “I hereby strongly declare that Abdoulie Sanyang currently does not meet the criteria for admission in our general surgery department.” This declaration from a qualified medical expert strongly indicates that the applicant’s condition does not warrant hospitalization, the report added.

The report reveals that Mr Sanyang has been living with this medical condition for the past eleven years. It is therefore unreasonable to suggest that the condition has suddenly become urgent solely due to his detention. The prosecution’s witness, PW1, also confirmed that upon receiving the applicant, he disclosed his pre-existing medical issues. These were not newly developed nor exacerbated during his time in custody.

The record clearly shows that Mr Sanyang was received into custody already suffering from this condition. It is not the case that he developed these ailments while under detention. Accordingly, the prosecution maintains that the applicant’s medical circumstances do not justify the granting of bail under the relevant statutory provisions.

All the medical issues the applicant claims to be suffering from are conditions that can be treated within The Gambia. The medications recommended in the medical report are available locally. While it is true that hospitals may not provide every medication required by every individual, the Government is not in a position to supply all medications to all persons. It is common practice for individuals to purchase medications externally, and the applicant is no exception.

We have received expert medical advice, and the Court should be guided by that advice to the extent possible in order to reach a just conclusion. The conditions for granting bail are clearly defined. Capital offences, including arson, are not bailable under the law. The only exception provided is where the applicant’s health condition is such that it cannot be treated while in custody.

In this case, the expert has confirmed that the applicant’s condition is manageable and does not require hospitalisation. Therefore, the applicant does not meet the criteria for bail on medical grounds.

Meanwhile, defence counsel Lamin J. Darboe urged the court to grant the bail application filed by the applicant, arguing that his health condition necessitates travel to Switzerland for medical treatment. He submitted that the applicant is unable to sit or stand properly due to his deteriorating condition.

Dr Bittaye, Chief Medical Director of the Edward Francis Small Teaching Hospital, testified yesterday to review the medical report prepared by the country’s main referral hospital. He provided an overview of the report, explaining and simplifying the information contained within it.

Dr Bittaye outlined all the recommendations presented in the report, from point one through to point four. One contentious issue was whether the surgical review of the accused could be conducted within the country. However, following consultation with medical experts at the hospital, Dr Bittaye was informed that the procedure could indeed be carried out locally.

The case now adjourned for ruling on the bail application.

Source: The Point