The Supreme Court has explained why it denied Yankuba Touray his claim of immunity over the death of Ousman Koro Ceesay.
Touray is standing trial for the 1995 murder of former finance minister Ousman Koro Ceesay by bludgeoning him to death.
The Supreme Court had to intervene after Touray insisted he cannot be tried for any acts or omissions during the days of the military junta which he was a member of. The top court in January said his claim of immunity was faulty and ordered the high court to proceed with his trial. The court however did not immediately provide the reasons.
But last Friday March 19, the Supreme Court in a 38-page judgment explained that the death of Ceesay could by no stretch of the imagination be said to have been carried out during the course of his official duties.
“By no stretch of the imagination can the alleged killing of the deceased Ousman Koro Ceesay by the accused in his home allegedly bludgeoning him to death with a pestle be said to have been allegedly carried out by the accused in the performance of his official duties.
“That obvious fact is however sufficient to deprive the accused of any immunity he claims under Paragraph 13(1) of the Second Schedule from prosecution for the alleged killing,” the nation’s top justice Hassan B Jallow who was assisted by four other top justices said in his 38-page judgment.
