The Daily Observer (Banjul)

Gambia: Tabara Samba Appeal Dismissed

Sanna Jawara

9 September 2008


Justice MM Yamoa of the Criminal Division of the High Court in Banjul, on Monday, dismissed the appeal suit filed by Tabara Samba, who was found guilty of murdering her late husband, Ebrima Nyan, by the Kanifing Magistrates Court on 7th March, 2008.

The High Court judge upheld the judgement of the Kanifing Magistrates Court presided over by the recently promoted principal magistrate, Buba Jawo. Ms Samba was convicted and sentenced to death for pouring hot oil on Ebrima Nyan, which later resulted to his death at the RVTH.

At the court, Justice Yamoa narrated the history of the case from the Kanifing Magistrates Court to the High Court. She said the prosecution had called in 10 witnesses at the Kanifng Magistrates Court to support its evidence against the convict.

"Medical report on the postmortem and photographs of the deceased person were tendered and marked as exhibits in court. However, on the part of the accused, the accused informed the court that she got married to the deceased sometime in 2004 after a brief one month courtship. The accused further told the court that the deceased engaged her in a fight after smoking cannabis as a result of which she poured hot oil on him," the judge narrated.

The high court judge further stated that there were 24 grounds of appeal made by the appellant. But she maintained that the prosecution had proven its case beyond reasonable doubt against the accused person. She then ruled that the conviction and sentencing of the accused or the appellant to death by the Kanifing Magistrates Court be upheld and the appeal of the appellant dismissed.

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