Justice Emmanuel Nkea of the Special Criminal Court in Banjul, Monday 31st of October 2011 convicted and sentenced one Jawo Jallow to death.
The accused, Jawo Jallow, a Guinean, was alleged to have murdered his brother, Jawo Jallow sometime in 2007 at Dimbaya Village in Kombo Central District of West Coast Region, for having an affair with his wife.
The prosecution led by DPP Mikailu Abdulahi called two witnesses and tendered exhibits including the statements of the convict.
Handing down the judgment, Justice Nkea averred that the defence did not deny the death of the deceased, but that the convict acted in self-defence.
Justice Nkea pointed out that the defence put up a defence of provocation and the learned judge cited some provisions relating to provocation in the laws of The Gambia.
The judge said it was evident that the accused saw and met the deceased with his wife and admonished him (the deceased) to stay away from his wife.
The judge disclosed that in the cautionary statement of the convict, which was admitted in evidence, the convict said he met the deceased in the bush with a cutlass in hand wanting to attack him, but he defended himself with the bicycle and the deceased fell on the ground, the bicycle fell on the deceased and he stood and pressed on the bicycle, but the sharp iron of the pedal entered the eyes of the deceased and died on the spot.
Justice Nkea pointed out that this proof of evidence was no longer a defence but that the convict vented his anger on the deceased because of his adulterous act with his wife.
Justice Nkea however found the accused guilty of the offence of murder with malice aforethought.
In his plea of mitigation, Lawyer Ngozi Gbugi begged the court to temper justice with mercy, whilst the accused told the court that the incident took place in Casamance but not in The Gambia.
Passing the sentence, Justice Emmanuel declared that the convict deserves another chance in life, but since the murder was carried out in a violent manner, the court has no discretion but to impose the full penalty of the law.
The convict was sentenced to death accordingly. The presiding judge however ordered that the sentence be carried out by firing squad.