By: Nicholas Bass
The Supreme Court of The Gambia, chaired by Chief Justice Hassan B. Jallow and assisted by justices C.S Jallow, A. Bah, E.F. M’bai and O. M.M Njie on Tuesday commuted to life imprisonment the death sentence imposed on former AFPRC junta member Yankuba Touray to life imprisonment.
It could be recalled that Yankuba Touray was on 1 July 2021, charged with a single count of murder contrary to section 187 of the Criminal Code, Cap 10:01, Volume 3 of the Laws of The Gambia.
The particulars of offense stated that Touray sometime in June of 1995 at Kololi in the West Coast Region of The Gambia, with malice aforethought, caused the death of former finance minister Ousman Koro Ceesay by beating him with a pestle-like and other dangerous weapons.
In a marathon judgment, Justice A. Bah recalled that on 8 July 2019, Touray was arraigned before the high court presided over by Justice Ebrima Jaiteh, where he pleaded for constitutional immunity to the single charge of murder levelled against him but the high court entered a plea of not guilty against him.
She further recollected that on 27 January 2021, the Supreme Court dismissed Touray’s plea for constitutional immunity from prosecution of the murder of Ousman Koro Ceesay which, according to her, was in line with paragraph 13(1), (3), (4) and (5) of the Second Schedule of the 1997 Constitution.
Consequently, the Supreme Court ordered the high court to proceed with the case.
Justice Bah further recalled that the sixth prosecution witness , Alagie Kanyi, a former member of the Gambia Armed Forces, affirmed before the lower court that he recognized Yankuba Touray in the in the military as an AFPRC member and also knew Ousman Koro Ceesay as the finance minister at the time of his death in 1995.
According to Justice Bah, Kanyi testified that sometime in June 1995, they (B.K Jatta, Tumbul Tamba and Pa Alieu Gomez) were taken to the residence of Edward Singhateh at Cape Point in Bakau, stating that Kanyi had testified that he alongside Edward Singhateh, Peter Singhateh, Tumbul Tamba, B.K Jatta and Pa Alieu Gomez joined various cars and drove to Yankuba’s house at Kerr Serign.
Justice Bah cited that Justice Ebrima Jaiteh in his ruling stated that Kanyi had testified that upon arrival at Touray’s house, they met him but none of his [Touray] family members and guards were not around.
Bah said Kanyi testified that when they entered Touray’s house, they were briefed by the then Lt. Edward Singhateh that they were going to get rid of one Cabinet Minister called Ousman Koro Ceesay, recalling that Kanyi had also testified that Edward Singhateh had told him that Koro did not know him and asked him [Kanyi] to wait at the gate to receive the former minister.
Justice Bah told the court that Alagie Kanyi also adduced that as he entered Touray’s house with Koro, he heard a noise from behind like as if someone was hit, adding that as he turned to see what was happening, he saw Lt. Peter Singhateh hit Ceesay again.
She stated that Kanyi further testified that Ousman Koro Ceesay had fallen to the floor and that Edward Singhateh also hit him, adding that Kanyi had told the court that Edward gave him the stick he used against Koro and as he turned around, he saw Touray, Pa Alieu Gomez, B.K Jatta and Tumbul Tamba and he [Kanyi] hit the deceased. Justice Bah stated that Kanyi testified that he saw Touray take a stick and hit Koro Ceesay, noting that all of them were involved in hitting Koro to death.
Justice Bah further recalled that the fifth prosecution witness Pa Abibu M’baye, who was forced into retirement at the time of investigating Koro Ceesay’s death, stated that sometime in June 1995, around 1:00am whilst in bed, he received a phone call from one Mr. Cham from Sukuta, who told him that a black Mercedes Benz, which was allocated to Cabinet ministers at the time, had passed him followed by a Land Rover that looked like that of Edward’s and that he did not know what these vehicles were doing at that night and that was why he called him.
M’baye testified that he went to work the following morning and there was information going viral that the Finance Minister was killed.
Justice Bah stated that it was M’baye’s testimony that, as the CMC, it was his duty to lead any investigation in serious or major crimes and that he began his investigation at the airport and later went to the alleged accident scene, where he found the deceased’s car burnt with the interior virtually burnt to ashes.
The Supreme Court judge cited that M’baye testified that he observed the rear number plate of the deceased’s car and that it was detached, adding that he went round the vehicle and observed that the vehicle was also attached to a bridge slab edge with little dent on the vehicle.
Justice Bah said M’baye, who was present when an autopsy was conducted on Koro, affirmed that he was at the post mortem of the deceased at the mortuary, where he found Peter Singhateh and observed that his right hand was bandaged.
He also testified that he loudly voiced out that what happened to Koro Ceesay was a foul and upon his return to his office, the then Inspector General of Police called and told him to answer to Touray at his office.
According to M’baye, he was told some weeks afterwards that his service was no longer needed and that he should go home.
In delivering the Supreme Court’s judgement Judge,Justice Bah said that the lower court in its ruling stated that the prosecution has proven its case beyond reasonable doubt, adding that the same was maintained by the Appeal Court when Touray’s appeal was upheld.
Justice Bah further stated that the testimony of Ensa Mendy, Amat Jangum, Pa Abibu M’baye, police officer Muhammed L.K Bojang and Dr. Sanna Ceesay have corroborated the evidence of Alagie Kanyi.
Justice Bah, however, stated that the lower court’s death sentence by hanging against Touray was imposed at a material time it (death sentence by hanging) was abolished in accordance with the Death Penalty Act 1993.
Justice Bah said the death sentence by hanging imposed by the high court on Yankuba Touray “is hereby substituted by mandatory death sentence for life”.