By Landing Ceesay
Kumba Sinyan, a young entrepreneur who is facing a single count of murder, has accused the judge presiding over her case, Justice Sidi K. Jobarteh of being biased and wants her (the Judge) to recuse herself from the case.
Kumba Sinyan a young entrepreneur, is charged with murder contrary to section 187 of Criminal Code Cap: 10:01 Revised Laws of the Gambia 2009.
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Prosecutors alleged that the suspect on or about the 14th of September 2022 at The Friendship Hostel in Bakau, with malice aforethought, caused the death of one Lamarana Jallow by cutting his stomach with an object and thereby committed an offense punishable with death under section 188 of the Criminal Code Cap of the Laws of the Gambia 2009.
The trial was scheduled to continue with the testimony of a prosecution witness, but it was unable to proceed because the accused, Kumba Sinyan, and her lawyer, Counsel Twum, filed a notice of motion to recuse the presiding judge from the case.
Kumba Sinyan swore in an affidavit that Justice Jobarteh’s attitude towards her has been negative since the beginning of the case, accusing Justice Jobarteh of making intimidating facial expressions and gestures towards her and her lawyer. Furthermore, Ms. Sinyan also claimed that her lawyer had been interrupted by Justice Jobarteh on several occasions, particularly during cross-examination.
Kumba Sinyan claimed that Justice Jobarteh’s demeanor towards her and her lawyer, Counsel Twum, suggested that she had already made up her mind about the case, even though she has the right to be presumed innocent until proven guilty.
The prosecutors informed Justice Jobarteh that they would need at least one week to respond to the summons of notice filed by the defense. Justice Jobarteh then ordered the prosecutors to file their reply by May 18, 2023, and adjourned the case until May 30, 2023, for continuation.