28 November 2012

Gambia: Court of Appeal Set to Deliver Judgement in Batch Samba Fye's Case

The Gambia Court of Appeal, presided over by Justice M.M. Agyemang, Justice E. Fagbenle and Justice M.F Singhateh has adjourned the criminal appeal case involving Batch Samba Fye and the state for judgement.

Batch Samba Fye was sentenced to death by Justice M.A. Paul of the High Court in Banjul in December 2004, after he was found guilty of the offence of murder of one Malick Njok at Senegambia Beach Hotel area on the 6th December, 2003.

The prosecution called nine witness and tendered exhibits including the cautionary and voluntary statements of the appellant, post-mortem report, photographs of the deceased, broken knife and the deceased shirt and pair of trouser being the decision, he (Fye) filed a notice of appeal before the Gambia Court of Appeal, lamenting on the issue of missing exhibits, but was subsequently dismissed.

Again being dissatisfied with the judgement of the Gambia Court of Appeal, the appellant sought a redress by filing a notice of criminal appeal at the Supreme Court. The Supreme Court in its judgement however struck out the appellant notice of appeal and ordered that the appellant to go back to the Gambia Court of Appeal to have his appeal determined on the basis of the record of proceedings.

When the case came up before the Gambia Court of Appeal, after the Supreme Court ordered the remittance of the said case to the Court of Appeal, the appellant counsel, Lawyer Ida Drammeh however adopted her brief of arguments and prayed the court to acquit the appellant and set aside the judgement of the High Court.

In his response, Simon A. Abi, the deputy director of Special Litigation however adopted the brief of arguments filed by the state on the 22nd February, 2011 and urged the Court of Appeal to dismiss the appellant's appeal and upheld the judgement of the High Court.

Meanwhile, the court however adjourned the said matter to the 18th December 2012 for judgement.

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