the boss. In the morning, I went to Alhagie Mendy. Before I went
to him, I called Alieu Njie and we went to Alhagie Mendy and
informed him. Alhagie Mendy thereafter called the accused and
confronted him with the information. He initially denied the
allegation. I told him to tell the truth as the witnesses knew it. He
confessed to Alhagie Mendy which Mendy acknowledged. I told
Mendy that I had brought Alieu Njie as a witness. Alhagie Mendy
and some people came to me to plead that the matter be settled
amicably. I told them to talk to PW 1’s mother and that if she
decides to finalise the matter, it was alright with me. The women
said the matter was with the police and they could not do anything.
The accused was taken to the police station where he gave his
statement and I also gave a statement. I was present when the
accused gave his statement. We went to the court in Kanifing. That
was the end of the evidence-in-chief.”
Under cross-examination the witness PW 5 said and I quote the
relevant portions of his testimony:“I called the accused and we all went to the garage. The garage is
near the Bakau market. The garage is not far from the beach. The
day we went to the garage was the day after the incident. This was
around 9 pm and 10 pm on a Wednesday and I talk to him. I talk to
him the second time at my compound at 3 am. This was the same
Sunday. There were three of us with Mamadou at the garage.
When I first asked the accused at around 9:00 it was only the two
of us. He denied it. This was at the garage. I did not witness the
incident when it happened. This is the alleged rape. When I told
the accused to tell the truth, he said no. The first time I asked him
was at the garage at around 9 pm. I asked him the second time at
Lama Lama restaurant. When he first said he had not done it, I felt
that he was not telling the truth so I disbelieved him. I am an elder
and so something inside me told me that he was not telling the
truth. I did not leave the matter there because I did not believe
him.”
7