By Lamin Fatty
The Basse High Court has convicted and sentenced one Wurry Jallow to death on Wednesday 30th March 2022, for allegedly killing his wife’s alleged boyfriend, by stabbing him with a knife.
The case which was presided over by Justice Landing M. Sanneh saw State Counsel I. Cham appear for the State and Lawyer K. Baldeh representing the accused person.
The accused person Wurry Jallow, was first arraigned before the Basse High Court for the offence of murder contrary to Section 187 of the Criminal Code. He pleaded not guilty to the charge.
According to the particulars of his offence, the accused person (Wurry Jallow) on or about the 29th of March 2019 at Jagular village in the Wulli West District of the Upper River Region, caused the death of one Muhammed Bah by stabbing him with a knife, thereby causing his death.
The prosecution called seven witnesses and tendered four exhibits numbered PE1, PE2, PF1 and Exhibit 3. The accused however testified as Defence Witness 1 and called only one witness in the person of Buya Bah, who is his wife. He tendered no exhibit in the case.
The summary of the case for the prosecution is that the accused and his wife travelled to a village called Jagular, to attend a wedding ceremony; while at Jagular village, Wurry Jallow entered a room and found the deceased Muhammed Bah, allegedly having sexual intercourse with his wife and that the accused person allegedly stabbed the deceased who was in the act of having sexual intercourse with his wife.
PW 1 Augustine Jammeh in his testimony, informed the Court that he is a police officer and testified that on the 29th of March 2019 while on patrol, he received information that someone was stabbed at Jagular village and he decided to go to the scene where he found the deceased lying down dead.
Samba Bah, PW 2 also testified that he heard people shouting saying the accused has killed somebody; that later he found out that the accused person was the one who killed the deceased because he found him sleeping with his wife. He said both the deceased and the accused person are not from Jagular village, but instead both came to attend a wedding ceremony.
The Alkalo of Jagular village Foday Bah testified as PW 3 and narrated that he was informed about the murder and was then invited by the police. He said he did not know why the accused person killed the deceased and did not see the deceased sleeping with the wife of the accused person.
One medical Doctor in the person of Ousman Leigh, testified as PW 6. Dr. Leigh said the autopsy report which he did not author, was tendered through him because the author was out of the country at the time.
The wife of the accused person Buya Bah in her testimony denied having sex with the deceased. She said her husband (the accused person) did not find her having sexual intercourse with the deceased and told the Court that she did not know why her husband murdered the deceased.
She concluded her evidence in chief by saying that she did not know the deceased and they have never met.
In delivering his judgement, Justice Landing M. Sanneh held that the prosecution has succeeded in proving their case against the accused person. He said the accused person failed to prove his innocence and therefore convicted him of the offences he was charged.
Justice Sanneh added that the law is very clear as to the punishment that attracts the offence of murder, and held that once the conviction is secured as provided under Section 188 of the Criminal Code, the punishment is by sentencing the accused person to death.
“Under the circumstances, the convict Wurry Jallow is hereby sentenced to death and may God have mercy on you” the Basse High Court Justice told the accused person.
The Judge said the sentence shall be carried out in a manner prescribed by law, and at a time to be specified by the President of the Republic of the Gambia.