By Buba Gagigo
Supreme Court has on Wednesday thrown out Yankuba Touray’s claim of constitutional immunity in the murder trial of Ousman Koro Ceesay, finance minister of the Junta at the time.
“The court, having considered the oral submission and written briefs of learned counsel for both parties, and of the amicus curiae admitted by the court, finds and holds that the accused, Yankuba Touray is not entitled to Constitutional immunity from prosecution for the alleged murder of Ousman Koro Ceesay, pursuant to paragraph 13 (1) (3) (4) and (5) of the Second Schedule to the Constitution of the Republic of The Gambia 1997,” the Constitutional Court stated in a release.
It could be recalled that Yankuba Touray, former Junta member is charged with the murder of Ousman Koro Ceesay in June 1995. During the trail, Touray’s lawyer urged the court to discharge him because he (Yankuba) enjoys immunity from such prosecutions as member of the AFPRC pursuant to paragraph 13 of the 1997 Constitution.
Then, the High Court referred the matter to the country’s apex court to decide whether or not the accused person is entitled to constitutional immunity from prosecution of the alleged murder of Ousman Koro Ceesay as he claimed, but the Supreme Court ruled against the accused.