By: Nicholas Bass
The Supreme Court of The Gambia is today expected to deliver its judgment in the appeal case filed by Yankuba Touray through his lawyer to challenge the death sentence imposed on him by the Banjul High Court.
Touray was sentenced to death by hanging by the high court chaired by Justice Ebrima Jaiteh for the killing in 1995 of a former finance minister Ousman Koro Ceesay.
It could be recalled that the former junta member was on 1 July 2021, charged with a single count of murder under Section 187 of the Criminal Code, Cap. 10:01, Volume 3 of the Laws of The Gambia.
According to court records, Touray sometime in June 1995, at Kololi in the West Coast Region, with malice aforethought, allegedly killed Ousman Koro Ceesay by beating him with a pestle-like object and other dangerous weapons.
Touray , however , invoked a constitutional immunity when he was arraigned before the Banjul High Court on July 8th, but his plea for constitutional immunity was overruled on January 27th, 2021, by the Supreme Court, which ruled that he was not entitled to constitutional immunity under paragraphs 13(1), (3), (4), and (5) of the Second Schedule of the 1997 Constitution.
Consequently, the Supreme Court green-lighted the trial judge Justice Ebrima Jaiteh to proceed with Touray’s case.
During Touray’s trial, the State (prosecution) presented nine witnesses backed by several pieces of evidence, including his voluntary and cautionary statements, post-mortem reports of the deceased [Ceesay] and other documentary exhibits, which were admitted into evidence.
But Touray’s lawyer, A. Sissoho, filed a no-case-to-answer submission, contending that the State [prosecution] had failed to establish sufficient evidence against his client. Justice Ebrima Jaiteh, after hearing Sisoho’s argument, ruled against the submission on June 10th, 2019, stating that Touray indeed had a case to answer. Consequently, Touray opened his defence and called two witnesses, Awa Minteh and Mamie Minteh to solidify his defense.
In his final judgment on July 14th, 2021, Justice Jaiteh stated that he found the testimonies of Alagie Kanyi, Ensa Mendy, Amat Jangum, Lamin Ndure, Pa Abibu M’baye and Muhammed L.K Bojang credible, as they provided a clear and detailed account of how Koro Ceesay was murdered in cold-blood.
Justice Jaiteh concluded that the prosecution had proved its case beyond reasonable doubt, and in his ruling, he said: “Having found Yankuba Touray guilty of the murder of Ousman Koro Ceesay in cold-blood, and considering that this Honourable Court does not have any discretion under Section 188 of the Criminal Code, Cap. 10:01, Volume 3, Laws of The Gambia, Yankuba Touray is sentenced to death. Pursuant to Section 250 of the Criminal Procedure Code, Cap. 11:01, Volume 3, Laws of The Gambia, the said sentence shall be carried out by hanging.”
Following his conviction, Touray appealed the decision of the high court through his lawyer, arguing that the Banjul High Court failed to properly evaluate the evidence. Touray’s lawyer contended that apart from the testimony of Alagie Kanyi, none of the witness statements or documentary evidence directly linked Touray to the murder of Ousman Koro Ceesay.
The Court of Appeal, however, dismissed Touray’s appeal and upheld the High Court’s judgment. Touray will know today where his fate lies after the Supreme Court’s final verdict.