By Bruce Asemota
One Makang Sissoho was sentenced to 20 years imprisonment by the High Court for causing the death of one Zakaria Tangara.
The prosecution disclosed that the convict on or about 31 May 2014 at Banjul, unlawfully caused the death of Zakaria Tangara by stabbing him with a knife in the stomach.
Presiding judge Justice Sainabou Wadda-Cisse in passing judgement disclosed that Makang Sissoho pleaded not guilty to the offence and in proof of the case, the prosecution called five witnesses and tendered three exhibits whilst the accused testified as a lone witness and tendered the witness statement of one Momodou Jarra.
She stated Makang in his defence said the victim and himself were roommates. That some days before he died, they had a fight over a mat, but they eventually settled that and on 31st May 2014, the victim made homosexual advances towards him and released sperm on him. He then stabbed him.
Justice Cisse revealed that there is no eye witness account of the incident but the accused gave unsworn statement where he confirmed that he stabbed the victim with a knife.
She said the prosecution proved the guilt of the accused person beyond reasonable doubt.
The judge stated that the defence of provocation presupposes the fact that the accused admitted killing the victim.
Justice Wadda Cisse said our society is dominated by and centres on heterosexual behaviours; marriage and sexual relationship is between a man and a woman.
Justice Cisse said homosexuality is seen as immoral and socially unacceptable and she believes that homosexual advance is considered an affront to prevailing norms capable of offending a reasonable man.
Justice Cisse revealed that the accused detested the homosexual advances and his refusal to stop his advances exacerbated the accused’s feeling of repugnance towards the victim, causing him loss of self-control and he stabbed him almost immediately.
The trial judge noted that there was no cooling down period; the victim was brutally stabbed in the heat of passion.
She upheld the defence of provocation and consequently, found him guilty of manslaughter instead of murder.
Justice Sainabou Wadda Cisse disclosed that the physical appearance of the convict and his mental condition are very apparent that he is still undergoing treatment for his diminished mental condition.
The trial judge condemned the killing of a human being, irrespective of the conduct or behaviour of the victim and pointed out that homosexuality is immoral and unacceptable in this part of the world and is also forbidden in Islam, being the religion of the convict.
She noted that the victim being homosexual is not a license to be killed and the court must equally send a strong message of deterrence to the society by imposing a severe punishment. The message being that killing a homosexual is not only unacceptable but unlawful.
Justice Cisse however invoked the provision of Section 29 (2) of the Criminal Code and sentenced the convict to 20 years imprisonment instead of the prescribed punishment of life imprisonment.
