Gambiaj.com – (Banjul, The Gambia) – In a significant ruling underscoring The Gambia’s evolving stance on capital punishment and its commitment to transitional justice, the Supreme Court today upheld the murder conviction of former junta member Yankuba Touray for the 1995 killing of former Finance Minister Ousman Koro Ceesay. However, the apex court set aside Touray’s death sentence, replacing it with life imprisonment.

The decision comes after The Gambia’s imposition of a moratorium on the death penalty in 2017, preceding Touray’s trial and subsequent sentencing by the High Court in July 2021. The Supreme Court stated that in accordance with the current legal framework, the previously imposed death sentence could no longer stand and must be commuted to life imprisonment.

Touray’s conviction stemmed from his involvement in the brutal murder of Ousman Koro Ceesay, a case that remains a potent symbol of the violence that characterized the 1994–1996 military junta. The prosecution of Touray was a key element of the transitional justice process initiated in The Gambia following the ousting of Yahya Jammeh in 2017.

In its ruling, the Supreme Court firmly reaffirmed the admissibility and credibility of the testimony provided by Alagie Kanyi, a self-confessed accomplice who served as a crucial state witness. The justices emphasized that Kanyi’s account was not solely relied upon, but was significantly corroborated by independent evidence, a vital legal requirement in The Gambia when dealing with accomplice testimony.

The court also addressed the issue of Touray’s alibi, noting its late introduction during the trial and the absence of any supporting witnesses. The justices highlighted Touray’s own admission in court that he had not called any witnesses to support his defense, thereby undermining the reliability of his alibi.

The conviction of Touray was built upon a substantial body of evidence, including testimonies that placed him at the residence of fellow junta member Edward Singhateh on the night of Koro Ceesay’s murder. Witnesses recounted unusual vehicular activity and a noticeable foul odor emanating from the location. One witness further testified that Peter Singhateh sustained burns while allegedly attempting to destroy evidence by setting fire to the vehicle containing Ceesay’s body.

Today’s Supreme Court decision sends a powerful message about The Gambia’s dedication to ensuring justice for the grave crimes committed during the authoritarian regime of Yahya Jammeh.

Furthermore, the commutation of the death sentence aligns The Gambia’s judicial outcomes with its stated moratorium and broader international human rights obligations. This ruling marks another significant step forward in the nation’s ongoing transitional justice journey as it continues to grapple with the enduring legacies of impunity and the pressing demands for accountability.