The attorney for the embattled former junta member and one-time Minister, Monday, urged the High Court in Banjul to sign the subpoena for the executive director of the truth commission to produce the recorded evidence of Edward Singhatey on the death of the late junta Finance Minister, Ousman ‘Koro’ Ceesay and also the autopsy report by the judicial secretary.
The application came after the State Counsel wrapped-up his cross-examination of the defence witness, Awa Minteh.
It’s the second application made by the defence since the commencement of the trial after the same application was earlier made at the beginning of the trial.
It would be recalled that the defence in trying to put up his case earlier urged the court to order the State to provide the defence with the recorded evidence of the confessed serial killer, Alagie Kanyi who had earlier testified before the truth commission and revealed the names participated in the killing of Ousman ‘Koro’ Ceesay, which included the accused, Yankuba Touray, Edward Singhatey and others.
However, the recorded evidence of Mr Kanyi still could not be available to the defence as the TRRC witness who was summoned to produce the statement told the court they could not find the recorded evidence of Mr Kanyi.
The defence however could not relent his effort still as he vowed to defence and protect the constitutional right of the accused until proven guilty by the court.
Moving his motion which is supported by twenty paragraphs, lawyer Sissoho submitted that the application is in accordance with Evidence Act and the Criminal Procedure Code and relied on all the fact proposed therein.
Barrister Sissoho at this point referred the court to Sections 220 and 221 as well as Section 241 of the same act which he read out to the court to back up his submission.
Lawyer Sissoho further argued that there is no affidavit in opposition with regard to the said affidavit, arguing that any affidavit that stands unchallenged is deem as admitted in law.
He further contended that the documents are so fundamental and essential to the defence that without them, they will pose a great hardship on the constitutional right of the accused, while urging the trial judge, Justice Ebrima Jaiteh to sign the subpoena for the production of the said documents.
Touray was a long-serving Minister of Local Government and Lands. He was also a member of the Armed Forces Provisional Ruling Council (AFPRC) after toppling the PPP 30-year regime. His arrest and subsequent prosecution came after his refusal to testify before the Truth, Reconciliation and Reparations Commission (TRRC) in June 2019.
The former military officer turned politician was accused of the murder of former Minister of Finance, Ousman Koro Ceesay under the AFPRC reign. The prosecution alleged that Touray used a pestle-like weapon when murdering Ceesay in June 1995 at his residence. Touray denied any wrongdoing as he pleaded his constitutional immunity but the court entered a plea of non-guilty for him.
The case is adjourned to next week for the State Counsel to reply.