Court-Martial rejects Manjang’s bid to strike out desertion charge

The General Court-Martial, presided over by Justice Omar Cham, has dismissed a defence application seeking to strike out the desertion charge against Sanna Manjang or, alternatively, substitute it with a charge of Absence Without Leave (AWOL). The application challenged the legal sufficiency of the charge preferred against Manjang under Section 53(1)(a) of the Gambia Armed Forces Act, with the defence arguing that the particulars of the offence failed to establish the essential ingredients of desertion, particularly the requirement relating to active service or orders for active service. The defence maintained that the allegations, as presented, disclosed no more than AWOL and did not sufficiently establish the offence of desertion.

However, the prosecution, led by Director of Public Prosecutions (DPP) AM Yusuph, opposed the application, arguing that the relevant provisions of the Armed Forces Act must be read together, particularly Sections 53 and 55. The State contended that Manjang remained subject to military law when he allegedly left his duty post and that his prolonged absence did not terminate his military status. It further argued that the application amounted to an abuse of court process. In its ruling, the court examined the particulars of the charge, the submissions of both parties and the applicable statutory provisions. On the question of whether the particulars disclosed desertion, the court acknowledged the distinction between desertion and AWOL, noting that prolonged unauthorized absence alone does not necessarily establish desertion where the law requires an intention not to return or to remain permanently absent. The court stated that such intention must be proved by the prosecution at trial. However, it distinguished between a charge that fails to…