By A Staff Reporter
After a marathon deliberation by a three-member court of appeal panel of judges unanimously concludes that high court judge, Justice Ebrima Jaiteh did not err in his judgment and that the conviction of Mr. Touray was in accordance with the law.
Yankuba Touray was sentenced to death by hanging by Justice Ebrima Jaiteh on July 14th, 2021 after almost two years of trial in the murder of former Junta Finance Minister Ousman Koro Ceesay.
Mr. Touray was charged for his part in the murder of Ousman ‘Koro Ceesay the late Finance Minister of the military junta that overthrew the democratically elected government of the late President Sir Dawda Kairaba Jawara in July 1994.
State investigators alleged that the embattled former junta member Yankuba Touray participated in the murder which was carried out at his residence in Kerr Serign in June 1995.
Touray however denied any responsibility throughout the entire trial citing constitutional immunity and was placed under detention throughout the two-month legal battle following his refusal to testify before the just concluded Truth, Reconciliation and Reparations Commission, which was set up to investigate crimes committed during the regime of exiled former President Yahya Jammeh who sought sanctuary in Equatorial Guinea after his defeat in the December 4th Presidential elections in 2016.
Dissatisfied with the judgment of the high court, Mr. Touray filed an appeal before the Gambia Court of Appeal, urging appellate judges to set aside the high court verdict as a stupendous mistake in judgment for not critically analysing the evidence of prosecution witnesses whose evidence did not collaborate.
Nine witnesses testified against Mr. Touray during the trial including self-confessed serial killer Alagie Kanyi who confirmed his involvement in nine killings of his colleagues during his testimony at the Truth Commission.
After the closure of the prosecution case, Touray’s attorney filed a no-case to answer submission arguing that the prosecution did not lay compelling evidence that could warrant his client to open his defence to tell his side of the story.
However, the presiding justice, Justice Ebrima Jaiteh dismissed the application on the ground that the prosecution has built sufficient compelling evidence and urged Mr. Touray to open his defence.
However, when the case resumed before the panel of the Gambia court of appeal judges led by Justice Na-Ceesay Sallah-Wadda who read the verdict on behalf of her assistant Judges, Justices Basirou Mahoney and Kumba Sillah-Camara after three hours of deliberation, concluded that the prosecution has established preponderance and overwhelming evidence of the crime of murder as the pieces of evidence of prosecution witnesses was collaborated and therefore unanimously dismissed the appeal of Mr. Touray in entirety.
The decision established by the high court verdict, however, Touray still has the constitutional right to appeal against the appellate court ruling at the Supreme Court of the Gambia.
