Magistrate Pa Harry Jammeh of the Kanifing Magistrates’ Court recently declared that judgment for Tabara Samba’s case would be delivered on 24th September 2007, following the address made by Police Commissioner Dibba.

In his address, Commissioner Dibba pointed out that the accused had been charged with murder, proof of which the prosecution attempted to establish by calling 10 witnesses. He stated that there was evidence before the court that Ebrima Nyan was dead, as well as the fact that the accused was the wife of the deceased.

He further submitted that it was no longer in dispute that the accused had poured hot oil on the deceased, adding that sufficient proof has been provided by the witnesses.

He submitted further that from the totality of the evidence adduced by the prosecution, he was convinced that the prosecution had proved their case beyond reasonable doubt.

He argued that the act by the accused was premeditated, urging the court to dismiss the argument advanced by the defence counsel that there was a cause of provocation and self defence.

He submitted that there was direct and circumstantial evidence, arguing that to succeed in proving self defence, the accused had to be able to prove that she was prompted by instinct. At this juncture, he cited some authorities to back his argument. He therefore argued that the defence had failed in putting up convincing defense. He further submitted that the argument of self defence and provocation was untenable, arguing that the accused’s intention was to kill the late Mr. Nyan and that she had planned it in advance.

He finally urged the court to dismiss the submission made by the defence counsel in writing and convict the accused.

At that point the defence counsel, Amie Joof-Conteh, announced that she stood by her written address.

Magistrate Pa Harry Jammeh at length adjourned the case to the 24th September, 2007, for judgment.