The summary of the evidence of the prosecution witnesses is to the effect
PW1- Detective corporal 703 Yorro Saidy, testified that he is a police
officer attached to the Major Crime Unit at the Police Headquarters in
Banjul. That on the 24th day of March, 2010, the accused person was
referred to their unit for further investigation into an alleged defilement
case and he was directed by his station officer to obtain a cautionary and
a voluntary statement from the accused. That he obtained the voluntary
statement of the accused, but the accused opted to write his own
cautionary statement. Under cross-examination, nothing of relevance
was put to the witness and his testimony remained unchallenged.
PW2- Mariama Gibba, the complainant stated that she lives at Ndemban
Village from where she knew the accused person. That at that time the
accused was a teacher at the Lower Basic School and she was attending
the Ndemban Upper Basic School and was in grade 9. She testified
further that one day she was asked by the accused to visit him at his
house. That she went there but did not meet him. on another day whilst
she was going to the shop to buy candle, she met up with the accused
who asked her why she did not come to visit him. that she replied she
had gone but did not meet him. It is her testimony that the accused then
asked her to come that very day. That she later met the accused standing
at the compound gate of Gibba Kunda when she came out from watching
a film and they went together to his house. That at the accused person’s
house, they chatted for a while and the accused then asked her if she
loved him to which she replied yes. That the accused asked her to have
sex with him but she refused because she was waiting for her grade nine
results. It is her further testimony that the accused then forcefully
pushed her unto his bed, undressed her and had sex with her thereafter
that she stopped seeing her periods and later discovered that she was
pregnant. That she kept the pregnancy until she delivered the child. The
complainant also testified that she gave a statement to the police when
the incident happened. The said statement was admitted in evidence
after hearing arguments on the objection raised by the defence to its
admissibility. Further in her testimony, the complainant stated that she
was 18years old and tendered her birth certificate in evidence.
Under cross-examination, the complainant admitted that the accused
was not the first person she had sex with. That the first was one
Yankuba Njie in 2008 when she was 15 years old. She admitted that she
had visited the accused twice at night but that she has gone to visit him
because she did not know why he had called her. She admitted falling in
love with the accused the second time she went to visit him and had
agreed to go to bed with him when he asked. The complainant also stated
when it was put to her that a girl who had sex once or twice cannot be
under 18years, that it could be possible. She however insisted that she
was born in 1992.

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