Back and Next - Back and NextFafa Mbaye testifies in murder trial
Friday, July 4, 2008
Fafa Mbaye, a senior private lawyer, has appeared before Justice MM Yamoa of the Criminal Division of the High Court, in the ongoing murder trial involving one Alasana Beyai.
The suspect, Alasana Beyai, is charged with the murder of Mr Yaya Sowe, a shopkeeper, at Brikama Gidda, Western Region (WR), in December 2005. The deceased apparently died in a “wrestling encounter” in the region.
Giving evidence on traditional wrestling on Wednesday, Lawyer Mbaye said he knows the customs and traditional practices in Brikama and the phenomenon of wrestling in “our typical traditional and cultural norms and values”.
He told the court that the customary tradition is observed among many ethnic groups in The Gambia.
"’Wrestling is often done during traditional ceremonies like the harvesting period, circumcisions. The act of wrestling does involve malice, but wherein harm is done, there used to be no course of action against it. As an adult, I like watching wrestling contests. However, it is common for people to do wrestling based on a relationship between them,” Lawyer Mbaye told the court.
Responding to questions during cross-examination by the state counsel, Lawyer Shanaka, Lawyer Mbaye acknowledged the existence of specific places in The Gambia designated purposely for wrestling, adding that wrestling can also be a source of income.
Meanwhile, the accused, Alasana Beyai, in his evidence-in-chief, informed the court that he is a mechanic apprentice and confirmed that he knows the deceased, Yaya Sowe, whom he said was a shopkeeper in his neighbourhood.
The accused recalled that on 10th December, 2005, he went to buy two sticks of Bond cigarette. He said the deceased followed him on his way home and engaged him in a wrestling contest, during which the late Sowe wrestled him down twice.
"I told him to leave me alone, but to no avail. Upon my attempt to run away, Yaya Sowe stumbled on a stone and fell to the ground. He went unconscious. I called my commercial vehicle driver boss to assist me to take him to the hospital, where he was admitted and I reported the matter to the police station,” Mr Beyai told the court.
Responding to questions during a cross examination by State Counsel Shanaka, the accused person insisted that they had no problems before, as the late Yaya Sowe was a close friend of his. He said he never thought of causing him harm, much more to kill him. He told the court that most of the prosecution witnesses, who testified against him were not present when the incident occurred.
The suspect, Alasana Beyai, is charged with the murder of Mr Yaya Sowe, a shopkeeper, at Brikama Gidda, Western Region (WR), in December 2005. The deceased apparently died in a “wrestling encounter” in the region.
Giving evidence on traditional wrestling on Wednesday, Lawyer Mbaye said he knows the customs and traditional practices in Brikama and the phenomenon of wrestling in “our typical traditional and cultural norms and values”.
He told the court that the customary tradition is observed among many ethnic groups in The Gambia.
"’Wrestling is often done during traditional ceremonies like the harvesting period, circumcisions. The act of wrestling does involve malice, but wherein harm is done, there used to be no course of action against it. As an adult, I like watching wrestling contests. However, it is common for people to do wrestling based on a relationship between them,” Lawyer Mbaye told the court.
Responding to questions during cross-examination by the state counsel, Lawyer Shanaka, Lawyer Mbaye acknowledged the existence of specific places in The Gambia designated purposely for wrestling, adding that wrestling can also be a source of income.
Meanwhile, the accused, Alasana Beyai, in his evidence-in-chief, informed the court that he is a mechanic apprentice and confirmed that he knows the deceased, Yaya Sowe, whom he said was a shopkeeper in his neighbourhood.
The accused recalled that on 10th December, 2005, he went to buy two sticks of Bond cigarette. He said the deceased followed him on his way home and engaged him in a wrestling contest, during which the late Sowe wrestled him down twice.
"I told him to leave me alone, but to no avail. Upon my attempt to run away, Yaya Sowe stumbled on a stone and fell to the ground. He went unconscious. I called my commercial vehicle driver boss to assist me to take him to the hospital, where he was admitted and I reported the matter to the police station,” Mr Beyai told the court.
Responding to questions during a cross examination by State Counsel Shanaka, the accused person insisted that they had no problems before, as the late Yaya Sowe was a close friend of his. He said he never thought of causing him harm, much more to kill him. He told the court that most of the prosecution witnesses, who testified against him were not present when the incident occurred.
Author: by Sanna Jawara & Bekai Njie
See Also - See Also