27 December 2012

Gambia: Batch Samba Fye's Judgement Deferred

The Gambia Court of Appeal, presided over by Justice Joseph Wowo, has adjourned the judgement in the matter involving Batch Samba Fye and the state to the 29th January 2013.

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 John (Njok) at the 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 shirt and a pair of trousers that belong to the deceased.

Being dissatisfied with the High Court decision, he filed a notice of appeal, lamenting on the issue of missing exhibits but was subsequently dismissed. He again filed a notice of appeal before the supreme court of The Gambia. The Supreme Court struck out the appellant notice of the appeal but ordered that the appellant go back to the Gambia Court of Appeal to have his appeal determined.

At the court of appeal, in November 2012, the parties filed and exchanged briefs of argument and was subsequently adjourned to the 18th December, 2012 by Justice M.M Agyemang who headed the panel for judgement.

At the court sitting on the 18th December 2012, Justice Joseph Wowo, the president of the Gambia Court of Appeal informed the court that the panel was not properly constituted, adding that Justice M.M Agyemang was indisposed and subsequently adjourned the matter to the 29th January, 2013 for judgement.

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