IN THE HIGH COURT OF THE GAMBIA HOLDEN AT BANJUL

– Q. The accused gave evidence in their defence and tendered three
(3) Exhibits. They did not call any witness.
There is no eye witness and Pw1, – Pw5 and Pw8 are Police Officers
involved in the investigation. Pw6 and Pw7 are relative and friend of
the deceased Amie Bah. Exhibit Q, Statement of the 1 st Accused in
two parts is confessional though he tried to retract it in his oral
testimonies in Court, or impugned its voluntariness.
The summary of the case of the Prosecution is that on the 16 th day of
September 2009 the body of the deceased Amie Bah was found on
the street of Latrikunda with Cello tape wrapped all over her mouth
and nose. The police called at the house of the accused persons, the
1 st Accused being a boyfriend of the deceased and the deceased
being there the previous day with the accused persons for a
transaction concerning her younger sister Mariam Bojang. The Police
recovered Cello tape which resembles the type wrapped over the
mouth and nose of the deceased as well as posters which same Cello
tape was used to paste the wall of the 1 st Accused person. The
Medical Report gave the cause of death as –“Deep Asphyxia due to
air way obstruction”. The 1 st Accused made a confessional Statement
in which he implicated the 2 nd Accused person.
For the 1 st Accused case, he last saw the deceased his girlfriend on
the 14 th September 2009 when they were together but did not see