Justice Moses Richards of the Special Criminal Court in Banjul Tuesday convicted one Mustapha Gaye of Latrikunda Sabiji of murder and sentenced him to death.

Gaye was alleged to have unlawfully caused the death of one Ansumana Dampha on December 10, 2007 at Latrikunda Sabiji, by stabbing him with a broken bottle. Justice Richards in his judgment held that the accused struck the deceased, Ansumana Dampha, with a broken bottle on his head causing head injuries, which resulted to his death. The judge disbelieved the evidence of the accused that he was acting in self-defence when the deceased also struck him with a broken bottle.

The judge found that the accused was the aggressor and even though he took alcohol which he admitted under cross-examination by the DPP, Richard Chenge that the alcohol did not deprive him of his knowledge of everything he was doing. Justice Richards agreed with the DPP that the accused was a liar in departing from his earlier statement he made to the police, which was tendered as an exhibit, and fabricating a totally different story in the court.

The judge found that the accused struck the deceased with a broken bottle on a vital part of the body knowing that the act was deadly. He also found that there was nothing like provocation given to the accused by the deceased. Pleading for mitigation, Lawyer Edward A. Gomez, who held brief for Kebba Sanyang, counsel for the accused, urged the court to temper justice with mercy because the accused was a first offender and a very young person and showed remorse for his action.

DPP Richard Chenge informed the Special Court that there was only one punishment for murder, which is death and that once convicted of murder, the accused must be sentenced to death. Lawyer Antouman Gaye, who was amicus curie (a friend of the court) supported the submission of the DPP.  The presiding judge, Justice Moses Richards however, agreed with the DPP and sentenced Mustapha Gaye to death to be carried out in a manner to be prescribed by the Attorney General and minister of Justice.