Nov 3, 2008, 4:40 AM
The Supreme Court of the Gambia yesterday set aside the conviction and death sentence imposed on an appellant, Lamin Ceesay, by the Banjul High Court.
In their ruling, the five-member panel of judges, chaired by Chief Justice Emmanuel Agim stated that the appellant was arraigned before the high court and charged with murder, which he denied but, he was found guilty based on his confessional statement.
He was sentenced to death and the appellant appealed against his conviction before a three-member panel of the Court of Appeal, which dismissed the appeal based on the confessional statement of the appellant.
The appeal before the Supreme Court was based on two grounds, and one was an issue of his health, which the court said was very important, since the appellant could not be convicted if he was not mentally fit.
“The appeal has succeeded and the conviction is thereby set aside, but he will remain in custody pending the determination of his mental status, and the case will be retried,” the court declared.
It would be recalled that the appellant, Lamin Ceesay, in June 2001 at Brikamaba village, murdered one Modou Lamin Bayo. Eight witnesses had testified for the prosecution.