Aug 7, 2009, 6:54 AM
Justice Emmanuel Nkea of the Special Criminal in
According to the particulars of offence, on 18th December 2011 at Kololi village, the convicted person, Dodou Gai, unlawfully caused the death of one Babucarr Saine, by stabbing him on his chest with a pair of scissors.
Delivering his judgment, Justice Nkea stated that the prosecution led evidence through four witnesses and tendered seven exhibits in support of their case, while the convict testified as a lone witness in his defence.
The judge added that the evidence led by the prosecution witnesses left no scintilla of doubt that Babucarr Saine was dead, adding that exhibits A, C and E including the convicted person conclusively confirmed the death of the deceased person.
He pointed out that there was no single piece of evidence in rebuttal, and he was therefore inclined to reach the conclusion that the prosecution had proven the death of Babucarr Saine with the certainty required by the law.
Justice Nkea further adduced that it was clear from the cautionary statement of the convict, which was admitted without any objection that the convict stabbed the deceased with a pair of scissor on the chest.
He added that there was no evidence whatsoever suggesting the convict was provoked, and this defence too could not avail him.
“Having held that the convict caused the death of the deceased and the death was caused with malice aforethought and also held that the defence of provocation and self defence do not avail the convict in this matter,” the judge said.
Stating that it was obvious that the prosecution had proven the unlawfulness of the homicide and he was satisfied that the prosecution had proved the case of murder against the convict with certainty required by the law.
He consequently convicted and sentenced him accordingly.