Nov 18, 2013, 9:19 AM
criminal trial involving the state against four accused persons charged with
the offence of murder, conspiracy to commit felony and robbery resumed
yesterday before Justice E. Dada at the High Court in Banjul.
The accused persons are Muhammed Jaw, Alhagie Ousman Nyang, Sheikh A. T. Ndongo and Amat Gaye.
The prosecution alleged that the accused persons on 9 February 2013, at Nema Garage at Latrikunda Sabiji in the Kanifing Municipality of The Gambia, unlawfully caused the death of one Amadou Bah by breaking his neck and suffocating him with a piece of cloth, knowing that death would be the probable consequence of such act.
The prosecution further alleged that the accused persons conspired to rob with violence a cash tank containing the sum of ninety-five thousand, five hundred dalasi and a mobile phone from the said Amadou Bah on 9 February 2013, at Nema Garage in Latrikunda Sabiji in the Kanifing Municipality.
The prosecution also alleged that the persons on the said date and place, whilst using physical violence on the deceased (Amadou Bah), stole a cash tank containing ninety-five thousand, five hundred dalasi and a Samsung mobile phone.
The prosecution led by principal state counsel A. Adeyemi called ten witnesses and tendered several exhibits.
Some of the exhibits tendered included the cash tank, the piece of cloth used in suffocating the deceased, telephone printouts, the shirt of the deceased, the Samsung mobile phone, among others.
The first accused had opened his defence, and was cross examined by the state.
During yesterday’s sitting, the second accused, Alhagie Ousman Nyang, a businessman and a resident of Latrikunda Sabiji, opened his defence.
In his testimony before the court, the accused denied the charges against him, and said on 4 March 2013, in the early morning hours he hired a taxi driven by the third accused, Amat Gaye to carry seven gas bottles to the compound of the third accused, Sheikh A.T. Ndongo.
Continuing his evidence-in-chief, the accused said upon arrival at the third accused person’s compound, he delivered the said gas bottles, which he sold for D15,000 but was paid D7,000 leaving a balance of D8,000 and left for his home.
He testified that whilst at home, he received a phone call from the third accused, Sheikh A.T. Ndongo, requesting him to come to Bakoteh Police Station.
The accused further testified that the third accused called again whilst he was on his way to Bakoteh Police Station, where he finally arrived and met the third accused.
He said he was asked by the police the sort of items he sold to the 3rdaccused, and told them that he sold seven gas bottles to him.
The defence witness said he was asked several questions by the police and, thereafter, he was placed in a cell.
The accused also said on 5 March 2013, he was asked by the police to call the 4th accused, which he did, and was invited to the said police station.
Upon the arrival of the 4th accused person, the police asked them what transpired between him and the 4th accused, which he explained.
He was taken to a cell, and later the 4th accused was also brought to the cell.
On 6 March 2013, the police brought a document and he was asked to thumb-print the said document, adding that on 7 March 2013 he was transferred to Bundung Police Station and informed that he was charged with murder.
The accused told the court that he was surprised that he was charged with murder, and that he does not know the deceased, Amadou Bah.
The matter was then adjourned until 24 November 2016, for cross-examination.