The prosecution alleged that on or about the 15th June 2026 at Fajara, in the Kanifing Municipality, West Coast Region of the Republic of The Gambia and within the jurisdiction of the High Court with malice aforethought, caused the death of Yunusa Mbaye by stabbing him on his neck with a broken bottle thereby committing an offence.
When the charge was read to him, Bah pleaded not guilty to the charge. Then the state called its first witness who testified about what he witnessed on the day of the incident.
The first prosecution witness was Babadinding Ceesay, who introduced himself as a resident of Fajara. He told the court that he recognised the accused person in the dugout.
On the day of the incident, Ceesay told the court he was sitting under a tree with Cherno Mbenga, and one Amadou before the arrival of the victim Yunusa Mbye. He testified that on the arrival of Yunusa Mbye, he received a call and took a distance of 20 to 30 meters from them to receive the call.
Ceesay said that while on a call, he heard Yunusa Mbye say, “You asked me to reduce the volume of the radio, I reduced the volume, what did you want now?”
Ceesay also testified that when Yunusa told the accused that, he heard the accused saying that Yunusa must reduce the volume.
“He (the accused) came to where we were sitting between the tree and the fence, that is where he picked up the bottle and ran, then I dropped my mobile and ran after him. Before he reached Yunusa, when Yunusa saw that he was coming with a bottle, he also picked up a stone. Before I got to him, he stabbed Yunusa Mbye and Yunusa also stoned him. He stabbed him in the left side of his neck. That was when I arrived and stood between them I separated them,” Ceesay told the court.
Ceesay further told the court that he then pushed the accused person a little distance away, then saw Yunusa putting his hand on his neck and started shouting his name.
Ceesay testified that the accused attempted to stab Yunusa Mbye again but he pushed him away and attended to Yunusa. He testified that the accused ran away when people arrived at the scene but he was chased and captured.
“When he (Mamadou Bah) stabbed him, I saw the bottle go very deep into his (Yunusa Mbye) neck, it was so serious. Then I held Yunusa and asked people to help me with a vehicle. We went up to the junction, and when he was weak, he wanted to lie down. I then ran to pick up my phone. Then Demba Ndow picked him up and put him in his vehicle. Then he took him to Ndemban Clinic. Demba Ndow then called me and told me that he died at Ndemban Clinic,” he testified.
The second prosecution witness was Cherno Mbenga, who testified that on the day of the incident, he was seated and Yunusa was seated by his side under a tree. He told the court that the accused asked Yunusa to reduce the volume of the radio and Yunusa did exactly as requested by the accused.
“Yunusa reduced the radio and said I don't want any problem. Yunusa scratched my hand and told me that he (the accused) asked me to reduce the volume and I did. From there I felt sleepy and I was even dozing. I thought the problem was over, but while I was sleeping I felt the particles of a bottle falling on me. When I woke up I saw the accused with a bottle, I asked him Are you mad? You want to kill someone,” Mbenga told the court.
Mbenga further testified that when the accused person was attempting to attack Yunusa Mbye again, Demba Ndow came and knocked him with a chair and he fell on the ground.
Mbenga testified that when the accused was knocked down by Demba Ndow, while getting up the accused picked up his cigarettes and mobile phone then ran away.
“That was the time I saw Yunusa holding his neck. I went to look for a taxi, I did not have a taxi but when I came back I saw Demba Ndow taking him to the hospital,” he testified.
