Witness Describes Fatal Altercation Over Speaker Volume in Fajara Court

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Photo: In-depth Media, Facebook via Foroyaa

The prosecution’s seventh witness, Ebrima Ndow, testified on Tuesday, July 21, recounting the fatal altercation he witnessed in Fajara. Ndow told the court he later drove Yunusa Mbye to a hospital, where he was informed Mbye had died. The charge alleges that on June 15, 2026, in Fajara, Kanifing Municipality, Mamadou Bah caused Mbye’s death by stabbing him in the neck with a broken bottle. This specific charge details the manner in which the fatal injury was allegedly inflicted, identifying the weapon as a broken bottle and the location of the injury as the neck. The incident, which led to the death of Yunusa Mbye, occurred within the jurisdiction of the Kanifing Municipality, a detail critical to the legal proceedings.

Ndow stated he was "about 40 metres away" but could "hear their conversation" as "The accused asked Yunusa to reduce the volume of a speaker." Ndow testified, "The deceased told the accused to leave him alone, saying that he had already reduced the volume." He added, "The accused moved towards the deceased and confronted him over the issue," but "The deceased did not respond." Ndow observed, "The accused smashed a bottle on the deceased’s head," and "The deceased picked up a stone." This detail notes the escalation of the confrontation, moving from a verbal dispute to a physical one involving objects. Ndow clarified, "I cannot say who struck first during the physical confrontation." This statement shows the chaotic nature of the fight and the witness's inability to definitively assign initial blame for the physical contact. He further stated, "The deceased called out to Babadining, saying that the accused had stabbed him in the neck." Ndow intervened, stating, "The accused attempted to attack the deceased a second time," and "I struck the accused on the head with a chair." He then sought help, noting, "The deceased had sustained a serious injury and was losing a lot of blood." Ndow eventually drove Mbye to Kanifing Hospital and then Ndemban Hospital. "Shortly after our arrival, I was informed that Yunusa had not survived," Ndow concluded. His testimony provides a chronological account of the events, from the initial argument to the tragic outcome.

Witness Account of Incident

Ebrima Ndow, the prosecution's seventh witness, described how an argument over the volume of a speaker developed into a physical fight. Ndow stated that on June 15, he observed Mamadou Bah, the accused, Yunusa Mbye, the deceased, and several other individuals sitting under a tree. This initial observation sets the scene for the subsequent altercation, placing the key individuals at the location where the incident began. The confrontation began when Mamadou Bah asked Mbye to reduce the volume of a speaker. This request, seemingly minor, was the catalyst for the tragic events that unfolded. Mbye responded by telling Mamadou Bah to "leave him alone," asserting that he had already reduced the volume. This exchange marked the initial verbal disagreement between the two men.

According to Ndow, "The accused moved towards the deceased and confronted him over the issue." This action indicates a clear escalation from a verbal exchange to a more direct and potentially aggressive stance from Mamadou Bah. The situation escalated when "The accused smashed a bottle on the deceased’s head," Ndow testified. This critical moment, involving the use of a bottle as a weapon, marked a significant turning point in the altercation, leading to serious injury. During the ensuing confrontation, Yunusa Mbye picked up a stone. This act by Mbye suggests an attempt to defend himself or retaliate in the face of the attack. Ndow stated he could not determine who initiated the physical contact between the two men, noting the rapid and confused nature of the escalating violence.

Yunusa Mbye subsequently called out to a man identified as Babadining, stating that Mamadou Bah had stabbed him in the neck. This cry for help from Mbye provided a key detail about the nature of his injury and identified the alleged perpetrator. Ndow reported that Mamadou Bah allegedly attempted to attack Mbye a second time. This assertion suggests a continued aggressive intent from the accused even after Mbye had sustained a serious injury. At this point, Ndow intervened in the altercation by striking Mamadou Bah on the head with a chair. Ndow's intervention was a direct attempt to stop the ongoing violence and protect Mbye from further harm. Ndow observed that "The deceased had sustained a serious injury and was losing a lot of blood." This observation showed the severity of Mbye's condition immediately after the stabbing.

Courtroom Details and Testimony

The state is represented in court by Counsel M. Jammeh, who is responsible for presenting the prosecution's case and evidence against the accused. Counsel C. Mendy and Counsel Samuel Ade represent the accused, Mamadou Bah, working to defend him against the murder charge. Ebrima Ndow, a resident of Fajara, testified that he knew the accused because they originated from the same area. This personal connection lends context to Ndow's presence and familiarity with the individuals involved in the incident. Ndow stated he was "about 40 metres away, but I could hear their conversation" during the altercation. This detail establishes his vantage point and his ability to perceive the verbal exchange despite the distance. He further noted that "The accused was speaking aggressively." This observation provides insight into Mamadou Bah's demeanor and potential intent during the initial stages of the confrontation.

Ndow recounted the sequence of events, stating, "The accused asked Yunusa to reduce the volume of a speaker." This seemingly innocuous request initiated the chain of events leading to the fatal altercation. According to Ndow, "The deceased told the accused to leave him alone, saying that he had already reduced the volume." This response from Mbye indicated his unwillingness to comply further with Bah's demand and suggested a prior attempt to address the volume issue. Ndow continued, "The accused moved towards the deceased and confronted him over the issue," but "The deceased did not respond." The lack of response from Mbye at this point could be interpreted as an attempt to de-escalate or a refusal to engage further, yet Bah's actions continued to escalate the situation. The witness then described the escalation, stating, "The accused smashed a bottle on the deceased’s head," after which "The deceased picked up a stone." This sequence of actions illustrates the rapid shift from verbal confrontation to physical violence. Ndow clarified, "I cannot say who struck first during the physical confrontation." His inability to pinpoint the exact initiator of the physical contact speaks to the suddenness and confusion of the fight. He maintained, "I firmly believe the accused smashed a brown beer bottle on the deceased’s head." This specific detail about the type of bottle and Ndow's firm belief in this action provides a strong piece of evidence for the prosecution concerning the weapon used and the assailant.

Ndow then heard Mbye call out, "The deceased called out to Babadining, saying that the accused had stabbed him in the neck." This immediate outcry from the deceased, directly identifying the accused and the nature of the injury, is a critical element of Ndow's testimony. Ndow intervened when "The accused attempted to attack the deceased a second time," at which point Ndow stated, "I struck the accused on the head with a chair." Ndow's intervention was a direct response to prevent further harm to Mbye, noting the severe and ongoing threat posed by Bah. Ndow observed that "The deceased had sustained a serious injury and was losing a lot of blood." This observation painted a grim picture of Mbye's condition and the urgency required for medical attention. He then sought help, stating, "I ran to look for a vehicle." This action demonstrates Ndow's immediate concern for Mbye's life and his efforts to secure transportation for emergency medical care. Upon his return, "By the time I returned, people had already gathered." The gathering of people indicates the public nature of the incident and the immediate aftermath. Ndow explained, "I found a taxi driver and instructed them to place the deceased in the vehicle." This shows Ndow taking charge of the situation to get Mbye to a hospital as quickly as possible. He then drove Mbye to Kanifing Hospital, recalling that "While in the vehicle, the deceased was reciting the Shahada." The Shahada is an Islamic creed, and Mbye's recitation of it in his dying moments is a poignant detail, often recited by Muslims facing death. After failing to locate the emergency unit there, Ndow "rushed the deceased to Ndemban Hospital." The inability to find an emergency unit at Kanifing Hospital shows the critical time sensitivity of the situation and the desperate search for medical aid. He noted that "Before we arrived at Ndemban Hospital, the deceased was breathing heavily." This observation further illustrates Mbye's deteriorating condition during the journey between hospitals. Ndow was informed upon arrival that "Yunusa had not survived." Bah is charged with murder contrary to Section 155 and punishable under Section 156 of the Criminal Offences Act 2025. These specific sections of the Criminal Offences Act 2025 outline the legal framework under which Mamadou Bah is being prosecuted, detailing the gravity of the charges he faces.

Journey to Hospital and Aftermath

Ebrima Ndow transported the injured Yunusa Mbye to Kanifing Hospital following the altercation. This immediate action was key in the attempt to save Mbye's life after he sustained severe injuries. Ndow stated that Mbye was reciting the Shahada while in the vehicle during the journey to the hospital. This detail conveys the gravity of Mbye's condition and his spiritual state in his final moments. Upon arrival, they were unable to locate the emergency unit at Kanifing Hospital, a critical setback in securing immediate medical attention. This necessitated a change in destination, prompting Ndow to immediately proceed to Ndemban Hospital. The decision to move to another hospital notes the urgency and the challenges faced in obtaining emergency care. Ndow recalled that Mbye was breathing heavily before their arrival at Ndemban Hospital. This observation indicates the continued decline of Mbye's health during the transfer. Shortly after reaching Ndemban Hospital, medical personnel informed Ndow that Yunusa Mbye had not survived his injuries. This confirmation marked the tragic conclusion of the efforts to save Mbye's life.

Case Progression and Next Steps

The court has adjourned the proceedings in the case of Mamadou Bah, who faces charges related to the death of Yunusa Mbye. This adjournment is a standard procedure in legal proceedings, allowing for the careful preparation and presentation of evidence. The next hearing is scheduled for October 15, 2026. This date is key for the continuation of the trial and the ongoing pursuit of justice. During this upcoming session, the prosecution is anticipated to present its eighth witness, identified as PW8. The introduction of a new witness signifies the prosecution's ongoing strategy to build a full case through various testimonies and evidence. This witness is expected to testify at 11 am on the designated court date, providing a precise schedule for the next phase of the trial. The trial will continue to unfold as the prosecution builds its case against Bah, who is charged with murder contrary to Section 155 and punishable under Section 156 of the Criminal Offences Act 2025. These legal statutes show the severe nature of the charges and the potential penalties involved if Bah is found guilty. The adjournment allows for further preparation and presentation of evidence, ensuring that both sides have adequate time to prepare their arguments and present their cases fully to the court.