4
Perhaps it is important to state that at the close of the trial both sides
were given the opportunity to address. While the State waived its right
to do so, the defense briefly addressed me orally. In his oral
submissions, Mr. K Sayang of learned Counsel for the defence has
urged me to discharge and acquit the accused person because
according to him, there is no direct evidence apart from the oral
evidence of PW2 and PW3 linking the accused and the offences under
charge. He submitted further that for the medical reports of PW2 and
PW3 to be relevant they ought to have been conducted a long time
ago. Learned Counsel for the defence who did not address me on the
charges touching on seduction and indecent acts by a tourist, simply
framed the issues for determination as follows:
(a) Whether the accused had sexual intercourse with PW2 and PW3.
(b) Whether he did so without their consent.
I will prefer to first deal with Counts V and VI in which the accused is
charged with indecent acts by a tourist. The Gambia Tourism Authority
Act (Cap 32:06) Revised Laws of The Gambia 2009 defines a tourist as
a visitor in The Gambia for a period of more than 24 hours for holiday,
leisure, conference, religion, sports, health, business or any similar
purpose. From exhibit “A”, it is clear that the accused is not a tourist
but a resident farmer with his own house at Titinto village. The
charges under the Tourism Offences Act are in my view not properly
brought, and I will not border myself to deal with them. I will
accordingly strike down the charges under Counts V and VI.