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GAMBIA: A 12-YEAR PRISON SENTENCE HANDED DOWN TO SANNA FADERA FOLLOWING HIS CONVICTION FOR TREASON

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Lance Corporal Sanna Fadera, who was found guilty of treason, was sentenced to 12 years in prison by the High Court of the Gambia’s Honorable Justice Basiru V. P. Mahoney.

Following Justice Mahoney’s determination that the evidence established Fadera’s involvement in a scheme to illegally overthrow the government of Gambia, the court has rendered its verdict.
Prior to the announcement of Justice Mahoney’s sentencing decision, Sanna Fadera’s attorney, LS Camara, pleaded for leniency, imploring the court to administer a more lenient punishment.

Sanna Fadera’s attorney, LS Camara, pleaded with the court to refrain from imposing the death penalty.

“Your Honor, this court has the authority and jurisdiction to impose a lesser sentence on the first defendant. According to Section 27 of the Criminal Code, this court has the authority to impose any punishment for any crime punishable by death. The convict (Sanna Fadera), sure, the allegations were contested, evidence was adduced, but as far as the records are concerned, he is a first-time offender. He is youthful and at the age of his peak. “My lord, he is a laboratory scientist who rendered outstanding service to the people of Kiang and Gambia in general.He (Sanna Fadera) has four very small children, and he is the sole provider for his nuclear and extended family. He has served the Gambia Armed Forces (GAF) with distinction and excellence. Twelve years were spent in the Army service. Even after graduating from the University of the Gambia, he returned to the military to service his country. Counsel LS Camara implored to the court, “Please temper justice with mercy and refrain from imposing life imprisonment or the death penalty on the convict (Sanna Fadera) in light of these circumstances.”

The defense attorney for Sanna Fadera, LS Camara, pleaded with the judge to reduce his client’s sentence, arguing that everyone makes errors.
Director of Public Prosecution AM Yusuf, representing the state, acknowledged the court’s verdict, but proclaimed his intention to appeal the acquittal and discharge of the second, third, and fifth defendants.

DPP Yusuf urged the court to remand the second, third, and fifth defendants pending the appeal hearing and decision, contending that treason is a capital offense even though no one was killed. If the revolt had occurred, he warned, the nation would have suffered negative consequences.

“The weight of the sentence will send a strong message to any attempted coup, and it will also serve as a deterrent against all attempted coups in the future,” he told the court.
Counsel LS Camara argued that there is no legal justification for remanding acquitted and discharged defendants in opposition to the State’s application to remand the second, third, and fifth defendants.

“The accused persons have been in detention for nearly one year now without parole. Therefore, if the court found them not culpable, my lord, they should enjoy the fruits of the freedom granted to them by this honorable court, said Counsel LS Camara.

LS Camara argued that the court has the authority to release the second, third, and fifth defendants.

In his judgment on the arguments, Justice Mahoney stated that the first defendant (Sanna Fadera) is a first-time offender and that the attempted treason was non-violent. He stated, however, that treason is a capital offense. Therefore, he invoked Section 29 of the Criminal Code to impose a 12-year penitentiary term on Lance Corporal Sanna Fadera. In addition, he granted parole to the second, third, and fifth defendants in the amount of D100,000 with one Gambian surety pending the appeal hearing and decision.

“Therefore, I will invoke Section 29 of the Criminal Code to sentence Lance Corporal Sanna Fadera to 12 years, and the second, third, and fifth accused persons are hereby granted bail in the amount of D100,000 each with one Gambian surety pending the hearing and determination of the appeal the state intended to file,” said the Honorable Justice Mahoney.
Justice Mahoney ordered the state to file any appeal they intend to file by October 31, 2023, 20 days from today.

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