By: Nicholas Bass
Justice Ebrima Jaiteh on Tuesday ordered for the release of one Abubacarr Saidykhan who was sentenced to a three ( 3) years and seven(7) months imprisonment after knowing that the convict had served the same sentence at Mile II Central Prison.
Tuesday afternoon was a joyful moment for Saidykhan following the court’s order for his release from the state’s central prison.
Saidykhan, on 29 October 2021 was initially charged with a single count of rape, but denied the charge pressed against him.
The State amended the charge from rape to defilement in violation to section 5(1) of the Sexual Offense Act, 2016.
The particulars read that sometime in August 2021 in Lamin Village, Saidykhan engaged in sexual intercourse with a minor (name withheld) at the time, who was 18 years old.
Consequently, Saidykhan pleaded guilty to the charge of defilement and acknowledged the veracity of the facts presented by the prosecution, and thereafter was convicted accordingly.
Saidykhan’s lawyer, C. Ojoku, in his plea of mitigation for his client, said, ‘’My Lord, to err is human, and to forgive is divine,’’ adding that his client was remorseful of his previous actions as he pleaded with the court for mercy.
At the peak of pleading for mercy from the court, Saidykhan’s lawyer disclosed that his client is the primary breadwinner for his family, stating that he also cares for his old father.
According to the trial Judge, Justice Jaiteh, the convict, S aidykhan, has expressed genuine remorse for his unlawful conduct in engaging in sexual intercourse with a minor, which, according to him, is ‘’a serious offence’’ that is unaccepted and condemned in this jurisdiction.
‘’In considering the circumstances of this case, I have taken into account all relevant mitigating factors. I recognized the serious nature of the offence, but I will also invoke section 29 of the Criminal Code to impose a more lenient sentence, Justice Jaiteh said.
According to Justice Jaiteh, the convict, Saidykhan, has already served 3 years and 7 months in remand custody, a significant period that has been counted against his time served.
‘’ I hereby sentence Abubacarr Saidykhan to a term of imprisonment equal to the time he has already served : 3 years and 7 months. Given the time already spent in custody. I ordered that the convict be discharged from remand prison forthwith,’’ Justice Jaiteh ruled.
