By Bruce Asemota
The High Court in Banjul, presided over by Justice Sainabou Wadda-Cisse has convicted and sentenced one Makang Sissoho to serve 20 years in jail after he was found guilty of causing the death of Zakaria Tangana, a roommate.
Delivering judgment recently, Justice S. W. Cisse disclosed that Makang Sissoho was charged with murder with the prosecution alleging that he unlawfully caused the death of Zakaria Tangana by stabbing him with a knife in the stomach in Banjul.
Justice Cisse further disclosed that on the 27th November, 2014, Makang Sissoho pleaded not guilty to murder charge and the prosecution called five witnesses and tendered cautionary, voluntary statements and post mortem.
She revealed that the convict stated on the 31st May, 2014, that Zakaria made homosexual advances towards him, releasing sperm on him and he stabbed him.
The Judge pointed out that by virtue of the provision under Section 191 of the Criminal Code, if a person kills another in the heat of passion caused by a grave and sudden provocation, and before there is time for passion to cool, he is guilty not of murder but of manslaughter.
Justice Cisse said the convict is a practicing Muslim and that he has a common knowledge that homosexuality is forbidden in Islam and it is criminalized in our society.
She stated that the refusal of Zakaria to stop his advances exacerbated the convict’s feeling of repugnance towards him causing him to lose self-control.
Justice Cisse indicated that the convict stabbed Zakaria almost immediately upon discharging sperm on the convict’s trousers, and his refusal to stop his homosexual advances which clearly demonstrated that he was stabbed in the heat of passion.
Justice Sainabou Wadda Cisse upheld the defence of provocation and consequently found him guilty of manslaughter and was sentenced accordingly to 20 years imprisonment.