By: Nicholas Bass
The Gambia Court of Appeal in Banjul presided over by Justice Basiru V.P. Mahoney, N.Salla Wadda and A.SahoCeesay recently sentenced Abdou Saidy to 15 years imprisonment term for raping a 20-year-old student in Brikama Nyambai.
Abdou Saidy was charged with a single count of rape contrary to section 121 of the Criminal Code, following his trial and life imprisonment with hard labour sentenced on 27 March 2014 by Justice A. Mikailu J. as he was then.
According to the complainant, (name withheld) the incident happened on 12 July 2012 in Brikama Nyambai, adding that at the time she was a 20-year-old student who was sent by her mother to collect sawdust from a sawmill at Brikama Nyambai.
The complainant in her testimony-in-chief stated that in the evening after a dark and rainy period when she went to a sawmill at Nyambai, she found Musa, Mbemba, and the convict, Saidy, adding that when she acquired about the owner of the sawmill, she was told that, the convict was responsible.
The complainant stated that after identifying a big sawdust, she divided it into two halves and took the first half of the sawdust home, but when she came back for the remaining sawdust Saidy followed her until they reached an uncompleted building where the accused pressed her neck and threatened to kill her if she did not accept his request.
”The convict, Saidy continued to press her neck until she could not breathe pushed her to the ground, and dragged her into the incomplete building. The convict then pushed her into an underground building as a result of which she knocked her head on the wall and became unconscious,” Justice Mahoney recalled the testimony of the complainant.
She stated that when she regained her consciousness, she realized her wrapper was not on her and her knickers were below her knees, but she became dizzy and realized there was blood coming from her vagina, adding that she saw the convict, Saidy, going but she called him to stop,” telling him to look at what he had done to her”.
The complainant also revealed that Saidy became sorry for his action and gave her D 25 to buy shoes as she lamented that Saidy told her that if she had agreed to his request such would not have happened to her, begging her not to tell anyone.
The Court records, however, revealed that the convict Saidy his defence denied knowing the complainant or being at the Brikama Nyambai saw mill on 12 July 2012.
Saidy’s lawyer Samuel Ade, however, in his second ground of appeal said that the trial Judge Mikailumisdirected himself when he held that his client raped the complainant, adding that there was no cogent and compelling independent evidence to corroborate the allegation of rape as provided by the law.
Defence lawyer Ade in his appeal also argued that the trial Judge misdirected himself in law when he held that the prosecution had proved the charge of rape against his client beyond reasonable doubt, stating that the prosecution failed to establish their evidence beyond reasonable doubt with all the elements that constitute the offense of rape against Saidy.
”We are of the view that the sentence of life imprisonment imposed by the trial Court was excessive and are minded to give a more appropriate sentence in line with the recent legislation on sexual offenses as legislated by Parliament.
In conclusion, the grounds of appeal are partially successful as determined hereinbefore but the conviction of the accused for rape is upheld. The sentence of the life imprisonment is however overturned and substituted therefore to fifteen (15) years imprisonment starting from 12 July 2012,” The Gambia Court of Appeal ruled.
