#Article (Archive)

Man sentenced to death

Nov 23, 2010, 10:53 AM | Article By: Yusuf Ceesay

A young man believed to be 26 years of age was yesterday convicted and sentenced to death by Magistrate Lamin George of the Kanifing Magistrates' Court.

Sulayman Fatajo was found guilty of the murder of one Momodou Faal Susso on 12 May 2004 at Tobacco Road in Banjul.

The trial magistrate went through the testimonies of the prosecution witnesses, and said that the prosecution had proved its case beyond all reasonable doubt.

According to the magistrate, the first and third prosecution witnesses gave evidence that, on the day of the incident, they were playing cards and saw the accused throw a stone at the deceased, who eventually fell down.

Magistrate George in his judgment further stated that the second prosecution witness, a pathologist at the Royal Victoria Teaching Hospital in Banjul, who performed the post-mortem, said that the deceased person suffered some injuries on the head, and a fractured brain causing bleeding.

This witness added that the death of the deceased was due to an unnatural cause, the magistrate told the court.

Magistrate George in his judgment also told the court that the defence did not call any witness, but instead addressed the court.

The evidence before the court showed, according to the trial magistrate, that "the convict acted with malice aforethought".

Subsequently, he added that, "I hold that the convict acted unlawfully."

In her plea of mitigation, defence counsel Neneh Cham-Chongan said they heard and accepted the verdict of the court.

However, she continued, they would implore the court to temper justice with mercy, and have regard to the circumstances of the case, including the fact that the convict participated in helping to take the victim to the hospital.

"The convict was 20 years of age at the time of the incident, and is now at 26 years," she revealed, adding that he had been in custody since 2004.

Counsel urged the court to take those factors into account.

The presiding magistrate finally sentenced the convicted person to death.