By Kemo Kanyi
Principal magistrate Anna O. Mendy of the Brikama magistrates’ court has sentenced the Gambia college administrative staff, Alassan Janneh to a mandatory jail term of two years for ‘Abduction and Assault’ meted on an advanced diploma student of the institution.
She also ruled that the convict should pay a fine of fifty thousand Dalasi (D50, 000.00) in default to serve a jail term of two years imprisonment.He was ordered to pay a compensation of two hundred thousand Dalasi (D200,000.00) to the victim in default to serve a jail term of two years imprisonment.
“All the sentences shall run consecutively. This is my judgment and parties are reminded of their right to appeal,” the magistrate declared.
As the principal magistrate read her judgement of the incident that occurred on September 19, 2023, the convict fell down while in the dock, seemingly unconscious, and he was helped to get seated on a courtroom bench by the police officer, Sarr. At that stage, the counsel for the convict, LK Mboge, sought to check on his client if he could gain his strength to be aware of the proceedings. His client told him that the ruling could continue.
Counsel L.K Mboge told the court that the convict’s wife had informed him that his client sometimes suffered from epilepsy, so this is not the first time he has fallen.
The principal magistrate, Anna O. Mendy broke into tears of sympathy as she delivered her judgement. Her emotions impacted on everyone within the courtroom.
The judgment into the matter read:
The accused person is a Gambian national standing trial on two counts or
Charges of abduction and assault causing actual bodily harm contrary to
Sections 124 and 228 of the Criminal Code Cap 10 :01 Vol. II| Laws of the Gambia 2009, respectively.
The particulars of offence on count one revealed that ALASSAN JANNEH for that you did on the 19” day of September, 2023, at The Gambia College, Kombo Central in the West Coast Region of the Gambia, with
Intent to have carnal knowledge with the victim, detained her in your office against her will, thereby committed an offence.
The particulars of offence on count two revealed that ALASSAN JANNEH for that you did on the 19th day of September, 2023, at The Gambia College, Kombo Central in the West Coast Region of the Gambia,
Unlawfully assaulted the victim by grabbing her on her neck caused her injuries, thereby committed an offence.
At arraignment on the 27 September, 2023, the accused person elected to speak in the Wollof Language. The charge sheet was read, interpreted and explained to him in his language of understanding. He pleaded not guilty and a not guilty plea was accordingly recorded for him. The court then proceeded to hear the case of the prosecution by hearing the victim’s testimony who testified as PW1 in the case.
After hearing of evidence-in-chief of PW1 and on the next adjourned date, Counsel L.K.Mboge, under the instruction of his client (accused person) informed the court of the accused person’s intention to change his plea from “not guilty to a guilty plea”.
The charges were read out to the accused person of which he pleaded guilty to both of them. The court then entered a guilty plea for him.
The court called on the prosecution to narrate the facts as expected by Law. The prosecution applied to have the evidence-in-chief of PW1 (victim) adopted as the facts of the case or matter, which application was never objected by the defense and was granted by the court.
It is worthy to note that three pictures or photos showing injuries on a neck purporting to be the neck of the victim and a medical certificate dated the 20/09/2023 signed by one Dr. Seedy Jow and bearing the name of the victim were admitted through PW1 as “ID1” to
“ID4” respectively.
It is worthy of mention that the accused person did not object to the admissibility of the exhibits. The accused person was called by the court to react to the facts as narrated. He reacted to the facts in the affirmative.
“I am therefore satisfied that the accused person intended to plead guilty.
His guilty plea to my mind is direct, voluntary, and unequivocal. It is trite Law in our criminal justice system that courts can convict on the guilty plea of an accused person in open court. I am further satisfied that the facts narrated have articulated the ingredients of the offences to warrant a conviction. I accordingly find you ALASSAN JANNEH guilty as charged,” the principal magistrate mentioned.
She continued: “I have carefully watched the demeanor of the convict and attentively listened to his plea in mitigation. He is indeed remorseful most especially that he is a student at the University, a family man with a wife and child. He is also a Civil Servant employed under the Civil Service of The Gambia. The convict is also a first-time offender. Furthermore, the fact that the convict pleaded guilty and did not waste the precious time of this Court are all issues worthy of consideration. I am highly persuaded to exercise mercy mindful of the circumstances.”
She said the offences in which the convict has been found guilty of states: “A person who with intent to marry or carnally know a woman of any age, or to cause her to be married or carnally known by any other person, takes her away, or detains her, against her will, commits a felony, and is liable on conviction to imprisonment for a term of seven years.”
Section 228 of the Criminal Code also states: “Any person who commits an assault occasioning actual bodily harm, commits a misdemeanor, and is liable on conviction to imprisonment for a term of five years.
Section 7 (1) of the Criminal Procedure Code of The Gambia states: “When a person is convicted at one trial of two or more distinct
Offences, the court may sentence him or her for the offences to the several punishments prescribed thereof which the court is competent to impose; the punishment when consisting of imprisonment to commence the one after the other in such order
As the court may direct, unless the court directs that the punishments shall run concurrently.”
She added: “Provided that sentences of imprisonment in default of payment of a fine, whether imposed in addition to a substantive term of imprisonment or not, shall be directed to run concurrently.”
She put that the criminal justice system of the Gambia is very rich in mitigating undue suffering to convicts. Below are provisions the Court can resort to in exercising its discretionary powers.
Section 29 (2) of the Criminal Code says Any person liable on conviction to imprisonment for life or any other period for an offence against this code or against other law may be sentenced for a shorter term.
“The effect of “abduction” in our community is a growing concern as most men with ulterior motives venture in such wicked or evil attitude thereby causing trauma to their victims. In this instant case, the convict is a lecturer at the Gambia colleague and owes the victim (student of the said Gambia College) a duty of care and to protect her from any harm. Therefore, there is a need to eliminate such unacceptable, wicked, immoral and unlawful behaviors or attitudes,” she outlined.
The principal magistrate further said she was mindful of the fact that the convict was a first-time offender tempted not to give him a heavy sentence, especially the fact that he didn’t waste the precious time of the court and a student as well.
“In light of the foregoing, this Honorable Court hereby invoked its discretion provided under sections 29 of the criminal Code supra and sentence the Convict in the person of ALASSANA JANNEH,” she ruled.
