“Having found the convicts guilty of murder of Ousman Koro Ceesay in cold-blood, and having considered that the scope does not have any discretion under section 188 of the criminal code, the convict Yankuba Turay is hereby sentenced to death. And pursuant to section 252 of the Criminal Procedure Code, the same sentence of death shall be by hanging,” Justice Jaiteh declared while reading his judgement.
He summarised the testimonies of the prosecution witnesses and that of the defence witnesses.
He dwelled more on the evidence of Alagie Kanyi, one of the prosecution witnesses. He stated that Alagie Kanyi was an accomplice and he was a competent witness.
He posited that Alagie Kanyi’s evidence was that he hit Koro Ceesay with a pestle along with Yankuba Touray, Edward Singhateh, Peter Singhateh, Tumbul Tamba, P.K. Jatta etc. The presiding judge noted that Alagie Kanyi’s testimony was relevant, whether it was corroborated or not. He stated that he was an accomplice in the murder of Koro Ceesay. He disclosed further that Alagie Kanyi told the court that Yankuba Touray, Peter Singhateh, Edward Singhateh, Tumbul Tamba, P. K. Jatta and himself hit Koro Ceesay, and this caused his death.
Justice Jaiteh went on to say that Ensa Mendy and Officer Jarngum, prosecution witnesses, testified and their testimonies corroborated. He added that it was their testimonies that Yankuba Touray was the one who instructed them that there was a ship which posed a threat and sent them to check around BB Hotel. He said Yankuba Touray did this to cover up the death of Koro Ceesay.
It was also, according to the presiding judge, the evidence of the prosecution witnesses that Yankuba Touray asked one of the witnesses to take his family members to Edward Singhateh’s home for a party so that Yankuba Touray and his fellow conspirators would be able to kill Koro Ceesay while his family members were not at home.
He further stated that Yankuba Touray did not only participate in the killing of Koro Ceesay but also disposed of the deceased by burning his body in his official car after killing him.
It was Alagie Kanyi’s evidence that after Koro Ceesay was murdered, Yankuba Touray, Edward Singhateh and Peter Singhateh took his body in his official car to dispose of him.
Justice Jaiteh noted that the defence of Alibi was not tenable because Yankuba Touray did not call any witness to testify that he was not present when the incident took place at his home. He further stated that Yankuba Touray should have told the police during their investigations that he was not at the scene when Koro Ceesay was murdered. He added that Yankuba Touray only mentioned this in his defence which was an afterthought.
The presiding judge stated that Yankuba Touray’s witnesses i.e. Awa Minteh and Mamie Minteh had told the court that they would do everything to protect Yankuba Touray, especially Mamie Minteh who said she loves her husband.
In summary, Justice Jaiteh disclosed that the prosecution had proved the elements and ingredient of the offence charged and found Yankuba Toury guilty as charged.
He subsequently sentenced him accordingly, after exhausting some legal authorities to support his judgement.