IN THE HIGH COURT OF THE GAMBIA HOLDEN AT BANJUL
IN THE HIGH COURT OF THE GAMBIA HOLDEN AT BANJUL
IN THE HIGH COURT OF THE GAMBIA HOLDEN AT BANJUL
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not true. I asked her about that and she became angry<br />
and said –“he is ten times better than you”. This class<br />
mate was Saidou. I was also angry about that statement<br />
and hit on her neck at the right side. I was wearing some<br />
bangles by the time. She fell down and was breathing<br />
very heavily and making noise like “Uuth”. I left and sat<br />
at the palour. She was still making the noise. I was and<br />
took my remaining Cello tape from my bedroom and<br />
cover her mouth and nose together in order to stop the<br />
noise. This happened at around after mid day (1200hrs).<br />
After when I did that, the noise and breathing stopped<br />
altogether. After that I was very afraid. I did not inform<br />
any one.<br />
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From the above, can we say the Prosecution has establish malice<br />
aforethought within the meaning of S.190(a) or (b) of the Criminal<br />
code. The evidence of Pw6 and Pw7 show a conviviality of a<br />
relationship between the accused and the deceased. On the 14 th and<br />
15 th September 2009, the deceased and her younger sister Mariama<br />
Bojang were with the 2 nd accused for the transaction of securing<br />
admission for the kid in the 2 nd Accused’s School, above all the 1 st<br />
Accused has consistently referred to the deceased as a girlfriend. A
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