Upon the receipt of the complaint, he went with PC Jallow to the
residence of the accused where they found him in his house where
he was arrested and brought to the Police Station. At the police
station, cautionary and voluntary statements were obtained from
him. That the said statements were eventually abandoned by the
prosecution in view of the fact that the independent witness could
not be traced.
PW 5 ALIEU KEITA.
The stepfather of PW 1, testified that he knows PW 1, 2, and 3 as
well as the accused. That the accused was always in his compound
and had always regarded him as his son. That in the evening of
August 4, 2002, her daughter PW 1 had been crying. He said that
he asked his wife as to what was wrong with PW 1? The wife
told him that she (PW 1) had an injury. He further asked how she
sustained the injury. The wife told him that PW 1 had been raped.
He asked his wife to find somebody to inspect the daughter (PW
1). That one Nyanga was invited to do so who upon the inspection
confirmed that PW 1 was indeed raped and in the process had been
disvirgined.
On being informed of the results, PW 5 asked PW 1 as to who was
responsible but out of fear, she would not speak. He told him not to
fear as she would not be beaten. PW 1 stated that it was one Samba
Jallow. That he called the said Samba Jallow and confronted him
with the allegation. Samba Jallow denied any responsibility. PW 5
then instructed his wife to take PW 1 to the Doctor but to go to the
Police first. PW 5 in his testimony said and I quote:“I left everything in the hands of the women. I told them that when
the accused comes, I would ask him. On August 7, 2002 at about
3:00 am, we were in the compound, I told my wife to prepare food
for the accused. He came and I told him to take his food to eat. I
was sitting on a chair. After he took his food, we conversed as
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