By Kaddy Jawo
The former Junta member, Yankuba Touray, was charged with the murder of the former Finance Minister Ousman Koro Ceesay at the High Court in Banjul before Honorable Lord Justice E. Jaiteh. After the hearing, Touray was remanded to custody at Mile Two Prison.
This was Touray’s first appearance in court since his arrest last Thursday for refusing to testify at the Truth, Reconciliation and Reparations Commission (TRRC) on the claim that the Constitution grants him immunity from such investigations.
Touray was charged with one count of murder under Section 187 of the Criminal Code Cap 10 Vol. 3 of the Laws of The Gambia 2009.
“Yankuba Touray sometime in the month of June 1995 at Kololi in the West Coast Region of the Gambia [sic] within the jurisdiction of this Honorable court and with malice aforethought caused the death of one Ousman Koro Ceesay by beating him with a pestle-like object and other dangerous weapons there by committing an offence,” the charge sheet singed by A. M. Yusuf read.
The State is represented in the murder case by the Attorney General and Justice Minister, Abubacarr Tambadou. This was unusual since it is rare for attorney generals to appear in court in person. They are usually represented by the Solicitor General or public prosecutors.
At the hearing there were some APRC supporters chanting “Yankuba must be freed.”
They affirmed that they were behind Touray and urged all APRC supporters to come out to support him.
One supporter pointed out that, “The Constitution is the supreme law of this country and should be respected.” The murder case will resume on Monday, July 8.
The single charge came as a surprise to some people who were excepting that Touray would be charged for contempt of the TRRC that referred the case to the state for his arrest upon refusal to testify in the public hearing. Last week Tambadou said in an interview with the GRTS that Department of Justice will vehemently prosecute Touray to set example of him for other potential witnesses who may want to undermine the work of the TRRC by refusing to testify before the commissioners. The charge made no mention of Touray’s conduct before the TRRC. It seems prosecutors may have now realized that the state does not have a strong case to compel Touray to testify or incriminate himself, and hence the charge in the death of Ceesay.
“The legal and political process necessary to generate legitimacy and support for TRRC certainly starts with the matter of jurisdiction. Thus, should this be left unsettled, anything build on the process is open to a contest or finally collapse,” said Famara Singhateh, a legal practitioner.