Kumba Sinyan, who is charged with killing her fiancé, has been given permission by Honourable Justice Sidi K. Jobarteh of the High Court of the Gambia to make her defence. This choice was made after the Edward Francis Small Teaching Hospital (EFSTH) assessed her mental health.

A young businessman named Kumba Sinyan is charged with one count of murder in accordance with Section 187 of the Criminal Code, Laws of the Gambia 2009. According to the prosecution, Sinyan purposefully killed Lamarana Jallow on September 14, 2022, at The Friendship Hostel in Bakau by causing a fatal injury to his abdomen. This offence is punished by death under Section 188 of the Criminal Code.

Kumba Sinyan’s attorney, Counsel Sagar, submitted a motion on May 13, 2024, asking the court to reexamine its April 24, 2024, order. Regarding Sinyan’s request to evaluate her client’s mental and psychological condition, the directive was unclear.

On May 14 and June 31, 2024, Counsel Sagar added more affidavits to the motion along with supporting paperwork. The state’s attorney, Counsel Mammy Sanyang, raised objections to the motion, citing pertinent provisions of the Evidence Act and the Criminal Procedure Code.

In his response to the objection, Counsel Sagar argued that the above provisions did not apply in this particular case and asked the court to allow their application in the interest of fairness and justice.

Honourable Justice Jobarteh deliberated before dismissing Counsel Sagar’s application and directing Kumba Sinyan to continue with her defence.

The question I pose to the Court in order to decide the application before it is whether or not to revisit its April 24, 2024, order. The court’s decision from April 24, 2024, relates to the accused’s request through her attorney for a mental health evaluation in order to determine her suitability for trial, according to Hon. Justice Jobarteh.

According to Hon. Justice Jobarteh, Kumba Sinyan was ordered by the court to undergo a medical examination at the Edward Francis Small Teaching Hospital in order to determine her suitability for trial.

After a further adjournment, the Court issued a follow-up order demanding that the Accused (Kumba Sinyan) have a mental assessment completed and that the results be given to the Court prior to the next adjournment date, since the Court had not received a medical report from Edward Francis Small Teaching Hospital. Dr. Martha Hernandez, a psychiatric consultant at Edward Francis Small Teaching Hospital, prepared a medical report dated May 20, 2024, which she submitted to the court.

The Accused “was referred from the Court of the Gambia for Medical Examination on her mental health before the next adjourned date,” according to the report’s opening paragraph. According to the defence’s request and the court’s instructions, the medical report that is currently before the court addresses the accused’s mental health, Hon. Justice Jobarteh stated.

Counsel Sagar maintained that their application is based on psychological factors rather than the client’s psychiatric condition (Kumba Sinyan).

Hon. Justice Jobarteh, however, decided that psychiatric and psychological services are same.

According to me, psychological and psychiatric conditions all have to do with the mind and have an impact on the accused’s mental state (Kumba Sinyan). The accused’s medical report from Edward Francis Small Teaching Hospital is hereby cited by the Court, and I will abide by its recommendations. I hold that the Application is without merit and that events have superseded it, having taken into account the submissions made by both parties and the procedures followed by the Court. Thus, the application is dismissed,” Hon. Justice Jobarteh rejected Counsel Sagar’s request.

The Edward Francis Small Teaching Hospital’s medical report, which was presented to the court, was praised by Hon. Justice Jobarteh.

“I call on the accused, Kumba Sinyan, to enter her defence because I am confident she is fit for trial based on the medical report that is being presented to the court. As suggested by the report, Hon. Justice Jobarteh further directed that the Accused (Kumba Sinyan) be brought to Edward Francis Small Teaching Hospital by the 30th of each month at the latest for a follow-up on her medical evaluation.

The case was therefore postponed to June 26, 2024, by Hon. Justice Jobarteh, so that Kumba Sinyan may begin her defence.