24 December 2012

Gambia: 12 Years for Manslaughter

Justice Emmanuel Nkea of the Special Criminal Court Friday 2012 convicted and sentenced one Modou Sowe to 12 years in prison for the offence of manslaughter.

The convicted person, Modou Sowe, a Senegalese who resides in Brufut Village, was alleged to have caused the death of one Babucarr Ceesay.

Delivering the judgement, Justice Nkea stated that challenged by the plea of the convicted person, the prosecution led evidence through five witnesses and tendered exhibits.

He said the prosecution's case was that on 10 January 2012, the convicted person went with the deceased to feed the cattle, and the body of the deceased was found left lying at Mariama kunda.

The police took photos of the deceased, and the accused person arrested confessed he had beaten the deceased on his head, but he denied in his defence that he confessed of beating the deceased on the head.

The judge added that the burden of proving the case lied on the prosecution, and he was satisfied that the prosecution had established their case by going through the pathology report.

Justice Nkea further stated that the nature of the injuries found on the deceased was done with malice afterthought.

He said the convicted person stated in his voluntary statement that he beat the deceased on his head twice with a stick.

"I hold that the injures found on the deceased were inflicted on him by the convicted person," he said, further pointing out that there was an unchallenged evidence that the deceased kicked the convict, and that the attack by the convicted person was as a result of provocation, which was also self defence.

He added that the prosecution had proved his case against the convicted person and he found him liable on a charge of manslaughter.

He consequently convicted and sentenced him to 12 years mandatory jail term with hard labour, which should commence from the date of his arrest.

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