Before pronouncing my verdict it is only proper that I pause and
look at the submission of the defence. They did not call any
evidence which they have a right to do.
Counsel for the Accused submitted that the evidence of PW 1 is
manifestly unreliable in that when initially asked who raped her,
she said one Samba Jallow. That she subsequently changed her
story and said that it was the accused person. Counsel however did
not say why PW 1 did that.
With due respect to Counsel, it is clear from the records of
proceedings that PW 1 stated that the accused threatened her with a
knife first if she refused to undress and then if she tells anybody
that he did it. On account of that apprehension of fear particularly
for a child of such a tender age it would be common for her to take
it seriously and so she believed him and did as directed. Under
cross-examination, Counsel had the golden opportunity to discredit
PW 1 but failed to do so. In any event, Counsel did not refer me to
any authority to substantiate her arguments. I therefore believe the
story of PW 1 as being true and the actual state of affairs.
Counsel for the accused also submitted that PW5 threatened PWI
with beatings and that was the time she mentioned the accused
person's name which she contended was corroborated by PW3 the
victim's mother, PW5 and PW6 the victim's stepfather and aunty
respectively. With due respect, nowhere in the records of
proceedings have I come across any such statement.
Counsel further referred to the testimony of PW 2 Mariama Manga
Jallow, a Police woman. That she told the court that on the 8th
August 2002 she accompanied the victim and her mother to Bakau
Health Centre where they were referred to the RVTH for medical
check up. That she tendered a medical certificate of the
examination of PW l which shows that the victim was defiled.
Counsel did not refute, discredit or challenge the veracity or
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