One Hawa Mbye an accused person charged with murder before the high court in Banjul presided over by justice O Ottaba has been confirmed mentally unstable according to a medical report sent to the court by the Edward Francis Small Teaching Hospital (EFSTH).
Readers would recall that the court on the 28th September 2016 ordered for the accused person to be examined to determine her mental stability.The issue was raised by the legal aid counsel representing the accused.
During Wednesday’s proceeding of the case, the state counsel M Koita informed the court that the prison department had complied with order of the court by taking the accused to the hospital.
The judge then requested for the medical report and a copy of the report was handed to him by the prison escort officer Kalifa Bojang. After the judge’s perusal of the report he outlined that it is stated that the accused is mentally unstable as a result she cannot stand trial in that condition.
State counsel Koita then applied for the accused person to be confined at “Tanka Tanka” Psychiatric home until she is fit to stand trial as the state is not ready to discontinue with the case.
Legal Aid Counsel M Singateh while addressing the court on this issue cited section 130 sub sections 2 of the criminal procedure code which talks about the postponement of further proceeding of the trial.
However the presiding judge adjourned the matter to 12th December 2016 for the parties to address the court on legal provisions on the circumstance.
The accused is charged with murder contrary to the laws of the Gambia and further alleged to have on or about 2nd July 2016 at Sinchu Madado village in the central river region (south) caused the death of Yama Boye a 3 year old girl by dumping her into a public well.
By Fatou Sowe