Rapist Gets Life Sentence, Multiple Jail Term

The Daily Observer (Banjul)

Sidiq Asemota

7 June 2011

Justice Lamin A.M.S. Jobarteh of the High Court in Banjul yesterday, Monday, 6th of June 2011, convicted and sentenced one Lamin Jah to life imprisonment after he was found guilty of the offence of rape.

The accused, Lamin Jah, was further sentenced to serve 14 years imprisonment for committing the offence of robbery, and five years for the offence of assault occasioning actual bodily harm, and another five years jail term for the offence of attempting to steal. The accused by an indictment dated the 17th of December 2009 was charged with four counts; namely, robbery, rape, assault occasioning actual bodily harm and attempting to steal, contrary to the Criminal Code of the Laws of The Gambia, 1990.

The particulars of the offence in respect to the robbery charge stated that the accused, Lamin Jah, on or about the 2nd of September 2009 at Kotu West in the Kanifing Municipality, whilst armed with a cutlass, robbed a lady, named withheld, of a Samsung mobile phone, Nokia phone, ATM card, D7000 cash, black wallet, green and pink wallet, ID card, Insurance card, Tin certificate, office keys, perfume Channel 5, Tommy Hilgfer handbag, passport photos and social security card.

In the rape charge, the accused was alleged to have had unlawful carnal knowledge of the said lady without her consent. In the assault occasioning actual bodily harm, the accused was alleged to have choked the lady by strangling her neck. Finally on the count of attempting to steal, the accused, Lamin Jah was alleged to have fraudulently and without claim of right attempted to steal cash from an ATM machine using the ATM card belonging to the said lady. When the charge was read to the accused, he pleaded not guilty to all the counts and the case proceeded to full trial and the prosecution, led by DDPP S.H. Barkun called six witnesses and tendered 15 exhibits, which were admitted in evidence and marked as Exhibits “A” to “P”.

At the close of the prosecution’s case, the accused entered his own defence and testified on his own behalf but did not call any witness in support of his case. At the close of the case for the defence, counsels for the prosecution and defence elected not to address the court, but opted to rely on the evidence before the court. The victim who is 37 years old and works as a public relations and media supervisor, told the court that on the 2nd of September 2009 at about 8:00pm whilst at home, she laid on her bed whilst she spoke on the phone. Moments later there was power failure and then she got up to light a candle, placed it on the centre table. But as she opened her bedroom door to get a candle stand from the hallway, she saw the accused standing on her left side, but as she yelled, the accused held her and covered her mouth with the threat to kill her if she continued to yell.

The victim adduced that with the apprehension of fear, the accused pushed her into her bedroom and put off the candle, took her mobile phone and a cutlass which she had always kept in her bedroom for security reasons and pushed her on her bed and ordered her to lie down on her back and forcefully had sex with her, despite her cries and pleas. During the process, the light came on which gave her the opportunity of having a good look at him. He forced her to switch off the lights, which she did and thereafter sat her down on the bed whilst he stood with the cutlass in his hand and asked her several questions, which she answered. The accused demanded for her mobile phones, jewelry box and other items, which she handed to him, and he emptied them into a polythene bag.

The victim also adduced that the accused also emptied the items in her working bag into the said polythene bag; the items include two wallets, D7000 cash, perfume Channel No5, ID card, Guaranty Trust Bank ATM card, TIN certificate amongst others. The victim revealed that after completing his enterprise, the accused ordered her to go into the toilet so as to lock her in, she pleaded with him not to do so since there would be no one to open for her. The accused changed his mind and asked her to see him off whilst she was naked, she pleaded with him again, but the accused held her by the neck and squeezed her to unconsciousness.

On regaining her consciousness, she got up and covered herself with a towel and escaped through the window to her mother to whom she explained her ordeal. The victim’s mother took her to the Kotu Police Station where she lodged her complaint and she was escorted to Bakau Health Centre where she was examined and a medical certificate was issued.

On the 7th of September 2009, Africell on the request of the police traced her number to one Lamin Faal whom she said told the police that he purchased the mobile phone from a person he does not know but could recognize him on seeing him. On September 10th 2009, a police officer, Cpt. Ceesay called her to inform her that a person fitting the description of her assailant had been arrested in her neighbourhood. On the 22nd of September 2009, the police conducted an identification parade comprising ten men of the likes of the accused, and she identified the accused three times and on each identification, photographs were taken and the said photographs were tendered and admitted in evidence and collectively marked as Exhibit “A”.

She said after making series of enquires with the bank on the replacement of her ATM card, she then went to the bank on the 15th of October 2009, where she was informed that her card had been recovered from the ATM machine. Other witnesses were Pateh Bah, a Superintendent of police and the officer commanding at the Serious Crime of the Kanifing Division, 1st class 1266 Sulayman Touray, Inspector Boto Keita of the Major Crime Unit at the police headquarters in Banjul and police officer,Demba Saidy.

The presiding judge disclosed that the issue of commission or otherwise of rape and the credibility of the prosecution witnesses, the issue of evidential value of the exhibits tendered and admitted in evidence, the issue of identification and the issue of Alibi, if any, of the accused, must be looked at so as to enable the court resolve the impasse. Justice Jobarteh pointed out that the other offences arose from the same conduct or transaction, adding that the offence of rape is the greatest of the four evils carrying a higher sentence.

Justice Jobarteh further pointed out that the questions that needed to be answered were: Was there an act of sexual intercourse? If so, was it with or without the consent of the victim? Was the act of the sexual intercourse lawful? Was the act of the sexual intercourse committed by the accused herein or a person other than the accused? Finally, has the allegation of the rape been in anyway corroborated as required by law?

On the issue whether there was carnal knowledge, the presiding judge disclosed that the prosecution led evidence that the victim was escorted to Bakau Health Centre on September 3rd 2009 where she was examined and a medical certificate was issued. That the said medical certificate indicated the following:- that there was a penetration; that blood stains with sperm were found around the virginal area; swollen on the upper arm with bruises on the left shoulder and knee, painful neck with difficulty in swallowing anything and swollen left shoulder. He disclosed that it is in the court view that the account of the victim’s deposition was reliable as it was not shaken, discredited or challenged by the defence.

The presiding judge noted that the victim’s claim of what happened was borne out by the circumstances leading to her apprehension, which are consistent with the events that occurred. Justice Jobarteh further noted that she demonstrated the attributes of a witness who should be believed beyond reasonable doubt and so held that the totality of the evidence adduced by the prosecution has proven its case beyond reasonable doubt and therefore found the accused guilty on all the four counts. Justice Jobarteh disclosed that he would have convicted the accused on only the offence of rape which is greater evil of the offences, but to do so would not reflect the full effect of his abominable misconduct.

Sentence

Sentencing the accused, Justice Lamin A.M.S Jobarteh disclosed that the most that any decent person would do is to ask for forgiveness for the sins committed, secondly, any person that has respect for his mother would not lift a finger at a woman more so to rape her. Justice Jobarteh further disclosed that such acts are abominable and incomprehensible to tolerate even in most societies more so a civilized one like The Gambia. Justice Jobarteh pointed out that the court observed that the accused, from his demeanor and comportment has shown no remorse that would require mercy, adding that his criminal records supports the view that his comportment is criminally inclined.

Justice Jobarteh said people like the accused person should and ought to be kept away from the society permanently in order to protect the young and vulnerable and in the circumstance, he would have no mercy on him but to send the strongest possible message to people of his like. The accused was therefore sentenced accordingly and ordered that the sentences run concurrently.

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