By Bruce Asemota
Lawyer Abdoulie Sissoho, defence counsel for Yankuba Touray, ex-junta member of the AFPRC government yesterday urged Justice Ebrima Ba Jaiteh of the High Court in Banjul to acquit and discharge his client as he has no case to answer in the alleged murder of Ousman Koro Ceesay in June 1995.
Lawyer A. Sissoho made this request during his no case to answer submission before the court.
He invoked section 7(b) of the 1997 Constitution, section 166 and 167 of the Criminal Procedure Code and stated that Yankuba Touray is charged with murder contrary to section 187 of the Criminal Code and that the particulars of the offence indicated that Yankuba Touray caused the death of Ousman Koro Ceesay by beating him with a pestle-like object.
Sissoho urged the court to look at the totality of evidence so as to establish whether the prosecution has established a prima facie case against Yankuba Touray to warrant him to enter his defence.
Lawyer Sissoho argued that Yankuba Touray is persecuted and not prosecuted and submitted that there is no evidence indicating Yankuba Touray’s involvement in the murder of Ousman Koro Ceesay.
Lawyer Sissoho argued that the evidence of all the witnesses excluding Pw6; Alagie Kanyi never saw Ousman Koro Ceesay with Yankuba Touray.
He said Pw 9, Sanna Ceesay disclosed that he saw Ousman Koro Ceesay a week before he died on the 23rd June, 1995.
He submitted that the evidence of prosecution witnesses one, seven, eight and nine are irrelevant and have no value.
Sissoho submitted that the prosecution indicated that object-like pestle was used to commit the offence but this object was never tendered before the court to connect the accused to the ownership of the object.
Sissoho disclosed that Pw7, Momodou K. Bojang said upon arrival at the scene, Ebrima Njie, the superintendent at the mechanical department, Alieu Njie, the photographer from the scientific support unit and Ebrima Njie alias 11, former Inspector General of Police were present at the scene but the prosecution failed to call these people to lead evidence before the court.
Sissoho submitted that Pw 2,3 and 4 are connected to Yankuba Touray and they confirmed that they never saw the accused person with Koro at no material time,whether at the airport, State House or at the accused person’s residence.
He further submitted that the evidence of Pw2,3 and 4 are inconsistent with the evidence of Alagie Kanyi (Pw6) as none of them saw Alagie Kanyi at the accused person’s residence.
Sissoho submitted that only Pw6; Alagie Kanyi confirmed in his evidence in chief and in cross examination that he was at Cape Point around 8pm upwards and was also at Yankuba Touray’s residence around 8pm upwards.
Defence counsel Sissoho said in defence exhibit 8 (evidence in chief of Alagie Kanyi) from page 52 to 55, Alagie Kanyi disclosed that all of them hit Ousman Koro Ceesay till he died but Alagie Kanyi did not tell court which of them killed him.
Sissoho further said when Alagie Kanyi was asked if he killed Koro, he said no and when he was asked if the accused person killed the Koro, Kanyi said no.
Sissoho submitted that Kanyi stated that as soon as the Koro walked in, he was struck by Edward Singhatey (Vi; Vi) and he fell on the ground and was completely dead.
He further submitted that Alagie Kanyi also in his 2nd statement said that after Edward Singhatey hit Koro, all of them hit him.
Lawyer Sissoho submitted that Yankuba Touray has no case to answer and so prayed the court to leave him to walk as a freeman.