By: Nicholas Bass
The Supreme Court is expected to deliver its judgement in the appeal case filed by former AFPRC junta member and APRC heavyweight Yankuba Touray next month.
Yankuba Touray was sentenced to death by hanging on 14 July 2021. Dissatisfied by the verdict delivered Justice Ebrima Jaiteh of the Banjul High Court, Touray filed an appeal at the Court of Appeals through his lawyer A. Sissohor but the court dismissed his appeal and upheld the decision of the high court.
It could be recalled that on 1 July 2021, Touray was charged with a single count of murder contrary to section 187 of the Criminal Code, Cap. 10:01, Volume 3, Laws of The Gambia.
The particulars of offence read that Yankuba Touray sometime in June 1995 at Kololi in the West Coast Region, with malice aforethought, caused the death of ex-finance minister Ousman Koro Ceesay by beating him with a pestle-like and other dangerous weapons.
On 8 July 2019, Touray was arraigned before the Banjul High Court chaired by Justice Ebrima Jaiteh to enter a plea but he opted to invoke constitutional immunity and a plea of not guilty was, therefore, entered against him.
On 27 January 2021, the Supreme Court ruled that Touray was not entitled to a constitutional immunity from prosecution as regards the murder of Koro Ceesay pursuant to paragraph 13(1), (3), (4) and (5) of the Second Schedule of the 1997 Constitution. The Supreme Court accordingly directed the lower court to proceed with the trial of Touray as charged.
To discharge the burden of proof, the State presented nine witnesses and tendered several pieces of evidence that include voluntary and cautionary statements of Touray and post-mortem reports [photocopied & original] of the deceased, which were are admitted and marked as exhibits amongst other exhibits.
At the closure of the prosecution’s case, defense lawyer Sissohor made a no-case submission and it was heard and determined.
The trial judge Justice Jaiteh on 10 June 2019, dismissed Touray’s the no- case submission and called upon the accused to enter his defence.
Consequently, Touray opened his defence and called two witnesses Awa Minteh and Mamie Minteh.
In delivering his verdict, Justice Jaiteh stated that he believed the testimonies of Alagie Kanyi, Ensa Mendy, Amat Jangum, Lamin Ndure, Pa Abibu M’Baye, and Muhammed L.K. Bojang, adding that their testimonies depicted the true picture of how Koro Ceesay was murdered in cold-blood.
Justice Jaiteh said he was satisfied that the prosecution has sufficiently established the constituent elements of the offence as charged. He further revealed that he was satisfied that the prosecution has proved its case beyond reasonable doubts.
”Having found Yankuba Touray guilty of murder of Ousman Koro Ceesay in cold-blood and considering that this Honourable Court does not have any discretion under the section 188 of the Criminal Code, Cap 10:01, Volume 3, Laws of The Gambia, Yankuba Touray is sentenced to death and pursuant to section 250 of the Criminal Procedure Code, Cap 11:01, Volume 3, Laws of The Gambia, the said sentence shall be by hanging,” Justice Jaiteh ruled.
Meanwhile, Touray’s lawyer in his ground of appeal argued that the lower court failed to properly evaluate the evidence adduced by the prosecution before arriving at a decision saying, except Alagie Kanyi, none of the witness’s oral testimonies or documentary evidence adduced before the lower court showed and or proved that the acts and or omissions of his client caused the death of Ousman Koro Ceesay.
