In what could seen as a rare judgment in The Gambia's judiciary establishment, Justice MM Yamoa of the Criminal Division of the High Court in Banjul, has sentenced one Salifu Nyang, a Senegalese fisherman based in The Gambia, to death by hanging.

The judge also delivered an alternative verdict for the convict to die in prison. Mr Nyang was found guilty of murdering one Alphone Sowe, his fellow Senegalese fisherman in 2005.

"In the absence of any appeal by your counsel against the judgement of the court, you will be taken to the State Central Prison at Mile II, where you will be hanged to death or be kept in custody till you die," the Judge told the convict, after the plea for mitigation by the defence counsel, Badou Conteh.

Defence Counsel Conteh strongly urged the court to temper justice with mercy. He told the court that the convict was a first time offender and a young man with prospects of a brighter future, adding that he had also shown remorse.  

Delivering her verdict, Justice Yamoa informed the court that the prosecution had called in several witnesses during the trial, including a medical report on a postmortem conducted on the deceased.

She added that the defence had also called witnesses, including the brother of the accused, who testified in court that the deceased Alphone Sowe, had engaged his brother in endless quarrel and harassment throughout their voyage up to Gunjur.

According to the judge, the brother also told the court that the deceased was stronger than the accused and upon landing at the Gunjur beach, the deceased pursued his brother along the beach, where they fought.

On the testimony of the accused, the judge said the accused told the court that the deceased provoked him, but he defended himself by stabbing him with a knife.

But the judge ruled that the accused had failed to succeed in establishing self-defence in the case and therefore, the prosecution had proven its case beyond reasonable doubt.  
The court therefore found him guilty and sentenced him to hang.