Supreme Court Adjourns Murder Appeal

The Daily Observer (Banjul)

Sidiq Asemota

8 June 2011

The Supreme Court of The Gambia has adjourned the murder appeal involving one Lamin Ceesay against the state to next session. Lamin Ceesay was convicted and sentenced by Justice Mable Yamoa of the High Court in Banjul for the offence of murder on the 6th of June, 2008. The said Lamin Ceesay was alleged to have unlawfully caused the death of one Lamin Bayo on the 14th of June 2010 in Brikamaba Village in the Central River Region.

The prosecution called six witnesses, and tendered exhibits, whilst the said convict testified alone and did not call any witness in his defence. The said Lamin Ceesay then filed notice of appeal before The Gambia Court of Appeal. The appellant and the respondent filed their briefs and the Court of Appeal delivered judgement on the 23rd of December 2009 dismissing the appellant’s appeal as lacking merit.

Dissatisfied with The Gambia Court of Appeal’s decision, the appellant field another appeal before the Supreme Court of The Gambia on the 22nd of January 2010. When the case came up before the Supreme Court of The Gambia presided over by a panel of five Judges and headed by the Chief Justice, Emmanuel Agim, the court ordered that the appellant be represented by legal counsel. The DPP Mikailu Abdulahi was tasked to facilitate and assist the appellant in making sure that a legal officer represents the appellant from the National Legal Agency.

On the last sitting, Lawyer A.K. Ceesay of the National Legal Aid Agency informed the court that the agency received an order for the appellant to be represented, adding that since the agency received the order, he has not been able to study the documents. The Chief Justice then asked A.K. Ceesay whether he has read the rules of the Supreme Court when appearing in criminal appeals before the Supreme Court. Ceesay however replied in the affirmative and pointed out that he needs more time to study the file.

The Chiief Justice, Emmanuel Agim then indicated that he can file a motion to amend the grounds of appeal, and he then filed the grounds of appeal. DPP, Mikailu Abdullahi on his part told the court that the state would not be objecting to the application by the legal officer to file a motion to amend grounds of appeal.

The case was then adjourned to next session after the court ordered the appellant to file amended grounds of appeal.

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