By Kemo Kanyi
The accused person in the Gambia College Sex Scandal has Monday changed his plea of “not guilty” to a “guilty plea.” He was accordingly convicted by Principal Magistrate Anna O. Mendy as charged based on his guilty plea.
Alasana Janneh is facing charges of “Abduction and Assault” meted on an advanced diploma female student of the Gambia College against her will, contrary to sections 124 and 228 of the criminal codes of the Gambia.
ASP Buteh Sawaneh announced his appearance for the Inspector General of Police. Senior counsel LK Mboge appeared for the accused person.
According to section 124 of the Criminal Procedure Code, any person who, with intent to marry or carnally know a woman of any age or to cause to be married or carnally known by any other person, takes her away, or detains her against her will, is guilty of a felony and is liable to imprisonment for seven years.
Section 228 of the Criminal Procedure Code further stated that: “Anyone who commits an assault occasioning actual bodily harm is guilty of a misdemeanor, and is liable to imprisonment for five years.
ASP Buteh Sawaneh applied to adopt the witness evidence of PW1 (the victim) as prefaces in the case.
The defense counsel, LK Mboge, didn’t object to the application made by the prosecution.
The principal magistrate, Anna O. Mendy made a pronouncement that the accused person is convicted as charged based on his guilty plea.
In his plead of mitigation on behalf of the accused person, counsel LK Mboge said with regards to the facts narrated by the victim and the prosecution and in addition to his duty to the honorable court to uphold the truth at all times, has advised the convict to change his plea in order to mitigate sentence.
He further told the court that the convict is a first-time offender, according to records. He is a civil servant employed under the civil service of the Gambia and also married with a child and has a bright future.
“So, in order to avoid severe punishment, the convict changed his plea not to waste the time of the court and for the honorable court to tamper justice with mercy and to further mitigate the sentence of the convict.”
Counsel LK Mboge referred the court to section 29 of the Criminal Procedure Code, which states that: (1)”All imprisonment for an offence against this code or against any other law shall be with or without hard labor, in the discretion of the court, unless the imposition of imprisonment only without hard labor is expressly prescribed by law.
(2) Any person liable to imprisonment for life or any other period for an offence against this code or against any other law may be sentenced for any shorter term.
(3) A person liable to imprisonment for an offence against this code or against any other law may be sentenced to pay a fine in addition to or instead of imprisonment.
He also referred to section 31 of the Criminal Procedure Code during his mitigation plea. He asked for concurrent sentencing rather than consecutive sentencing because the two offences charged were committed in the same transaction.
Counsel Mboge applied to the court for renewal of the bail for the convict based on the fact that he said the convict will be having a test at the University of the Gambia on Tuesday and Wednesday so that his academics are not affected. He then apologized for the absence of the convict on the past adjournment dates and assured the court that the convict would be available for sentencing on Wednesday.
Court granted the application made by the defense and adjourned the matter to Wednesday, 24 April 2024, for the verdict.