4
the little money she had on her was taken away by the accused person
to prevent her from escaping. The effect, and as settled in a number of
decided authorities, is that unchallenged or uncontroverted fact or
facts need no further proof. See the Gambian Court of Appeal Case of
ANTOINE BANNA V. OCEAN VIEW RESORT LTD. (2008) 1 GLR 1. On the
strength of this authority, I am inclined to hold that the girl Nabba
Fatty was detained by the accused person herein and this I shall hold
as a fact.
PW1 also testified that “all the nights I spent there the accused had
sex with me”. In exhibit “A” the accused admitted having sexual
intercourse with PW1 for three (3) nights. Therefore, apart from the
complainant alleging so, the accused himself admitted to having
carnal knowledge of the complainant in exhibit “A”. Suffice to state
here that by a ruling dated 21 June 2011, this Court admitted exhibit
“A” as having been voluntarily made and obtained. I consider the
subsequent complete denial of these acts in his evidence-in-chief as
an afterthought. I must also be quick to add, and this is settled, that
this retraction does not adversely affect the situation once the Court
is satisfied of the truth as contained in exhibit “A”. It is trite that what
is admitted needs no further proof. Exhibit “A” therefore, remains
admitted as establishing the facts alleged therein. See: MOZIE v. MBA
MALU (2006) 25 NSCQR 425.
It seems to me that it does not really matter whether the sexual
intercourse was for three nights as alleged by the Accused or eight