IN THE HIGH COURT OF THE GAMBIA HOLDEN AT BANJUL

deceased with his wrist silver bangle Exhibit ‘F’ to the ground and
proceeded to wrap up her mouth and nose together and which
according to Exhibit ‘R’ Medical Report caused the deceased – Deep
asphyxia due to airway obstruction. He cited GARBA V THE
STATE (2002) 2SC NQR 402.
The Defence who never formulated issues, did not join issues with
the Prosecution, not even on rejoinder on point of law. The
argument of the Defence is floating without radar. It did not
highlight the ingredient of the offence of murder which he claims the
Prosecution has failed to prove. He did not use the ones highlighted
by the Prosecution yet in conclusion the defence at Page 2 submitted
thus:
“The Court is therefore urged to discharge and acquit the Accused
persons on all the Counts for the ingredients of murder have not
been established against them”.
Lest we forget, only the 1 st Accused is charged for murder, therefore
that conclusion by the defence is misleading. Back to the guilty mind
of the accused or otherwise, this can be ascertained from Exhibit ‘Q’
being the crux of the Prosecution case. It appears it does not matter
that the accused is trying to retract from it. This is because the Law
is settled that a Court is entitled to make finding from all the