The Supreme Court has said it will in ‘due course’ disclose the reasons for why it held former junta official Yankuba Touray is not entitled to constitutional immunity.
The nation’s top justices led by Chief Justice Hassan B Jallow dismissed on Wednesday morning a claim by Touray the constitution shields him from prosecution for any commission or ommission during the two-year military transition between 1994 and 1997.
In their terse ruling, the three men and two women justices said the high court had turned to the Supreme Court to determine whether the accused person is entitled to constitutional immunity from prosecution of the murder of Ousman Koro Ceesay “pursuant to paragraph 13(1) (3) (4) and (5) of the Second Schedule of the Republic of The Gambia, 1997”.
“This court, having considered the oral submissions 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 of the Republic of The Gambia, 1997. Reasons for the decision will be delivered by the court in due course.
“Accordingly, the High Court (Jaiteh J) is hereby directed to proceed with the trial of the accused person as charged,” the justices said.
