By: Dawda M Jallow
A certain Jojoh Jobe, an ex-wife of Kevin Ousman Saidy, yesterday testified before Principal Magistrate Sallah M’bai of the Kanifing Magistrates’ Court in a trial over malicious injuries charges pressed against her husband.
Prosecutors charged Kevin with “punishment of malicious injuries in general” contrary to section 312 of the Criminal Code, Cap 10.01, Vol. 3 of the Laws of The Gambia (2009)
The prosecution alleged that Kevin on or about 23 November 2024, at Manjai in the Kanifing Municipality, wilfully and unlawfully destroyed the following items: 58-inch television valued at D28,500.00, a bed set valued at D150,000.00, two body lotion valued at D3,000 each, a birthday card valued at D500, school writing pads, puzzles and chalks valued at D3,600.00, designer perfume valued at D8,850, liquid gels, toothpaste and instant burner valued at D1,800, a mobile phone valued at D9,000.00, wrist watch valued at D1,500. The items, according to prosecutors belonged to Jojoh and were cumulatively valued at D206, 750.00.
Jojoh, who works as a restaurant manager at Seaview Hotel,was called as a witness and when asked if she recognised the accused and whether anything transpired between them that warranted her appearance in the court, she responded in the positive and confirmed that the accused was her husband. She explained that on the day in question after closing from workat around 8 pm, she started to perform prayers.
‘’During my prayers, the accused arrived, sat and waited for me to get done. When I completed praying, I greeted him, but he responded that he’s not doing well. When I asked him what happened, he replied: ‘’Where’s my change of the fish money I gave you in the morning?’’ narrated the witness. When the prosecution asked about the amount given to her as fish money on that day, the witness explained that at around 8 a.m,she initially budgeted D2000 but her ex-husband told her he didn’t have that amount and ended up giving her D1000.
‘’I instructed the housemaid to cook ‘Mbahal’. On my way to work, I went to visit a friend of mine. As I was sitting at my friend’s house, my house keeper called me and informed me that my husband attacked her complaining why she cooked ‘Mbahal’, but I told the maid to calm down because that was not the first time. I called my ex-husband and told him that I am his wife and anything that happened in the house, he should inform me or wait until I return home to solve it instead of attacking the maid. He then asked for change fromthe D1000 that he gave me in the morning, saying ‘Mbahal’ cannot cost more than D300. I told him that there’s no change left in the money he gave because I measured everything to be bought,’’ Jojoh testified. She narrated that it was when her ex-got up and took all her outfits out of a drawer, threw them away and broke the entire six doors, adding that she screamed for help and called her children but his ex-husband tried to forcefully close the door and told her that he will damage everything in her presence.
“That was when videoed what he was damaging in the house while my children were crying. After that I decided to go to police station. When I got to the station and was giving my statements, my housekeeper called and informed me that my husband was destroying my tv set. I told the officer that I can’t continue giving my statements and asked if one police officer could escort me to my house before he will damage other properties,’’ she told the court.
At this juncture, the prosecution led by Corporal A. Bojangmade an application for the remand in custody of Kevin, adding that he is a non-Gambian and had already informed the prosecution that he will be leaving the country by the 5December 2024. The prosecution said, if granted bail Kevinmay jump bail.
Defense counsel Oumie Senghore contested the prosecution’sapplication, stating that the travelling documents of the accused “are with the police” and that the offence he allegedlycommitted is bailable.
Principal Magistrate Sallah M’bai then admitted the accused person to bail in the sum of D250,000 and must have one Gambian surety, who shall deposit his or her passport to the registrar of court and depose to a sworn affidavit of means. She then ordered Kevin to deposit his travel documents to the court.
The matter was adjourned to 17 December 2024, for continuation of Jojoh’s testimony.