Ex- junta member and former minister, Retired Captain Yankuba Touray, will today Monday appear before High Court judge, Justice Ebrima Jaiteh for commencement of hearing, as the presiding judge directed prosecution to line up their witnesses for an accelerated trial.
Justice Jaiteh rejected the bail application filed by Attorney for Touray, Abdoulie Sissoho in July 2019 which he stated the jurisdiction (High Court) lack of merit.
The case was adjourned to Monday, October 14, 2019 for commencement of hearing, and the presiding judge directed prosecution to line up their witnesses for an accelerated trial.
Touray’s charge is in connection with the death of Ousman Koro Ceesay, a former minister of finance, during the time of the junta in 1995.
He was charged with murder, contrary to Section 187 of the Criminal Code Cap 10 Volume 3 Laws of The Gambia 2009.
The Gambia’s Truth, Reconciliation and Reparation Commission (TRRC) ordered the arrest and detention of Touray for refusing to testify and for questioning the legitimacy of the commission.
“I have listened very carefully to both submissions and arguments by the Hon. Attorney General and the Defence Counsel with great interest. I believe for proper determination of this matter, there are three (3) issues that fall for determination and they as follows; whether this Honourable Court should refer this case to the Supreme Court of The Gambia for interpretation, whether the accused person is entitled to bail under the circumstances and whether this Honourable Court should adjourned this case after the summer vacation,” he noted.
Justice Jaiteh further ruled that the Touray by merely stating to the court that he claims constitutional immunity is not sufficient in law to warrant the court to make referral to the supreme court, noting that if Touray is interested in raising constitutional immunity, he must come formally before the court or has the liberty to file an originating suit to the Supreme Court for interpretation.
According to the trial judge, from the perusal of the bill of indictment, Touray is charged with murder and the court has the jurisdiction to hear and determine the case.