6 murder trials. From this position, it is clear that the cause of death, not being a direct result of the accused person’s act cannot connect the accused person with the cause of death of the deceased. However, according to section 193 of the Criminal Code, a person is deemed to have caused the death of another even if his act is not the immediate or sole cause of death if he or she inflicts bodily injury on another in consequence of which the victim undergoes a surgical or medical treatment which causes his death. I have already held as a fact that the accused beat the deceased with an iron rod consequent upon which the accused was taken to the hospital. The uncontroverted evidence on record is that the deceased was admitted in the hospital whereat he was subsequently operated upon. Unfortunately, he died a few weeks after the said operation. Unfortunately for the accused, the second limb of section 193 of the Criminal Code cannot be invoked in his favour as there is no evidence before me to suggest that the medical treatment attended to the deceased was either done in bad faith or employed without common knowledge or skill. The above presents two contradictory positions. However, it is trite that where common law conflicts with Gambian statute latter (Gambian Statute) will take precedence. It is for these reasons that I will hold that the death of the deceased was resultant from or caused by the accused person and this I will also hold as a fact.