The criminal appeal case filed in by  one Batch Samba Fye, last  Wednesday, February 3rd, resumed  before The Gambia Court of Appeal, presided over by justice EA Ota.

The appellant was convicted and sentenced to death by justice MA Paul on December 3, 2004 after he was found guilty on charges of  unlawfully causing the death of one Malick Njoks  by stabbing him with a knife at around the  Senegambia Beach Hotel area in December 2003. During the Wednesday sitting, the Court of Appeal called in the registrar of the High Court to give reason as to why he could not trace the exhibit in the trial court and he responded by saying that the previous registrar compiled the file records but did not forward the exhibit; as such he could not tell the whereabout of the exhibit.

At that juncture, the panel of three judges urged both the defence and DPP Chenge to file in a written brief concerning legal consequence about lost exhibits on appeal cases. The case was later adjourned to February 26th for adoption of the briefs.