The prosecution levelled two criminal charges against Musa Ceesay in connection with the burning of his mother’s house.
In count one, Musa Ceesay is charged with arson contrary to section 305 of the Criminal Code Cap. 10:01 III Revised Laws of the Gambia 2009.
The prosecution alleged that on or about the 20th day of August 2024 at Sukuta, West Coast Region of The Republic of The Gambia within the jurisdiction of the High Court, Musa Ceesay willfully and unlawfully set fire to the house of one Jainaba Janneh and thereby committed an offence.
On count two, Musa Ceesay is charged with attempted murder contrary to section 200 of the Criminal Code Cap 10:01 Vol III Revised Laws of the Gambia 2009.
The prosecution alleged that on or about the 20th day of August 2024 at Sukuta, West Coast Region of The Republic of The Gambia within the jurisdiction of the High Court, Musa Ceesay willfully and unlawfully attempted to cause the death of one Jainaba Janneh and thereby committed an offence.
In proving its case, Counsel A. Badjie, representing the state, applied to tender photos of the house allegedly burnt by Musa Ceesay (the accused).
Counsel Badjie applied to tender the photos through Sub Inspector Lamin Fatty, a crime scene officer of the Gambia Police Force.
However, the lawyer representing Musa Ceesay, Counsel F.C. Anyanwu objected to the admissibility of the photos sought to be tendered by the state.
Counsel Anyanwu told the court that he is basing his argument on Section 3 of the Evidence Act which states that “As a general rule and save as prescribed by an Act of Parliament all evidence which is sufficiently relevant to an issue before the court is admissible, while evidence which is irrelevant or insufficiently relevant is not admissible.”
“The photos sought to be tendered are so remote that it exhibits no nexus between the offence committed and my client (Musa Ceesay). It is on that ground that we submit that this court should thrash the documents for their relevance,” Counsel Anyanwu submitted.
In response to the objection raised by the defence, Counsel A. Badjie told the court that they are of the belief that the defence counsel misconceived section 3 of the Evidence.
“We hold that the photos are material evidence showing a picture of a burnt house. We urge the court to admit the pictures into evidence. We urge the court to disregard the assertion of my learned counsel,” Counsel Badjie responded.
After listening to the objection for the accused person and the response for the state, Hon. Justice Jobarteh overruled the objection and admitted the photos into evidence.
“The objection raised by the defence lacks merits. The documents sought to be tendered are a picture of a burnt house; it is therefore very relevant to this case. I shall admit them into evidence,” Hon. Justice Jobarteh told the court.
Under cross-examination, Sub Inspector Lamin Fatty told the court that apart from taking pictures of the house allegedly burnt by Musa Ceesay, the accused, he did not do anything. He said there was no physical evidence for him to collect.
The case has been adjourned to the 26th of February 2026 for the testimony of PW8.
