Following a jury trial, Mahamadou Tunkara was found guilty of malice murder, felony murder, aggravated assault, and possession of a knife during the commission of a felony, with regard to the death of Mohamed Turay. Subsequently, Tunkara filed a motion for new trial, contending, among other things, that his court-appointed interpreter inadequately translated the proceedings to him. After a hearing, the trial court granted Tunkara’s motion, finding that Tunkara was not able to understand what was happening at his trial. The State appeals this ruling, contending that the trial court applied an incorrect standard of review and abused its discretion by granting a new trial pursuant to OCGA §§ 5-5-201 and 5-5-21.2 For the reasons set forth below, we affirm.
In more detail, the record shows that, on March 7, 2008, Tunkara was indicted for malice murder, felony murder, aggravated assault, and possession of a knife during the commission of a felony. Tunkara’s first trial began on January 13, 2010, with a certified interpreter assigned to translate the trial proceedings into Soninke, Tunkara’s native language. The trial ended in a mistrial when the jury was unable to reach a unanimous verdict. The state chose to try Tunkara again, and his second trial began on November 15, 2010. Tunkara was provided with a different non-certified interpreter, as the interpreter from the first trial was out of the country and unavailable. At the second trial, the interpreter sat with Tunkara and purportedly translated the events and testimony to him as the trial proceeded. Shortly before closing arguments, Tunkara moved for a mistrial, arguing that his interpreter was inadequate. Tunkara’s attorney explained that, although he did not want to make the motion, he had become aware that the interpreter was giving Tunkara incomplete and inaccurate information, culminating in Tunkara’s belief that the murder weapon had Tunkara’s blood on it rather than that of the victim the latter of which the testimony actually showed. The trial court denied the motion, finding that, based on his general demeanor, Tunkara appeared to understand the proceedings. On November 19, 2010, Tunkara was convicted and sentenced to life for the murder charge.
