By: Nicholas Bass
The Banjul High Court on Thursday ordered that the Lower Court’s judgment passed against Ali Touray was set aside, ordering Touray to pay a fine of D25,000 in default to serve two years imprisonment.
Presiding Judge, Justice Omar Cham handed down the sentence against the student for causing grievous bodily harm to Cherno Jallow.
It could be recalled that the Brusubi Magistrates’ Court had previously sentenced Touray to four-year- jail- term.
Ali Touray on 27th June 2023 at Jabang assaulted Cherno Jallow with a cutlass and copped his right finger and broke his bone.
Arraigned before I Jallow of Brusubi Magistrates’ Court, he denied a single count of assault causing bodily harm, contrary to section 214 of the Criminal Code Cap 10:01, Volume 3, Revised Laws of The Gambia.
Touray, however, was unsatisfied with the decision of the Brusubi Magistrates’ Court and on 30th May 2025 through counsel Sheriff K. Jobe filed a notice of appeal, seeking the High Court to set aside the entire decision of the Lower Court.
Counsel Jobe who represented Touray applied for a motion he filed on 3rd June 2025 to be withdrawn in an appeal, despite its pending ruling and the same was unopposed and granted by the court.
Then, defense counsel pleaded with the court to exercise its leniency and substitute custodial four years sentence to a reasonable fine, stating that, Touray was a third-year student of the University of The Gambia.
According to defense counsel Jobe, the appellant, Touray is benefiting from the scholarship package of The Gambia Government, noting that The Gambia government may not want to forfeit such funds that are put into Touray’s tuition fee. He told the court that his client had paid D100,000 compensation sum to the complainant, Cherno Jallow whom, he stated affirmed receipt of compensation on an affidavit.
Prosecutor counsel M.D. Mballow, sought from the court to maintain the decision of the Lower Court, urging the court to avoid disturbing the decision of Brusubi Magistrates Court, affirmed having knowledge of the D100,000 compensation the appellant paid to the victim [Jallow] whilst noting that he was also aware of an affidavit forgiveness statement of the complainant.
When Justice Cham asked the complainant, Jallow to affirm whether he received D100,000 compensation, he answered in the affirmative, stating that he did not want the appellant [accused] to continue serving his sentence in Mile II Central Prison.
The trial Judge, Hon. Justice Cham ordered that the Lower Court’s judgment passed against Ali Touray was set aside, ordering Touray to pay a fine of D25,000 in default to serve two years imprisonment.