however surprised and shocked on how an offence of such a
magnitude had been handled in the way it was done for so long a
period. It is incomprehensible to so imagine. Be it as it may, I say
so on the following grounds namely:1. Firstly, the evidence of the charge points to the offence of
rape and not defilement which ties the court’s hand to that
issue before it.
2. Where it is a charge of rape and the evidence tilts to
defilement or a lower offence, then the court can invoke its
inherent jurisdiction and convict on that offence and not vice
versa.
3. Several names such as Samba Jallow, Alhagie Mendy,
Babacar Mbaye, Yusuf Ndoye, Momodou Keita, Alpha and
Nyanga were called and referred to in the trial. These people
are certainly material witnesses more particularly on the
issue of corroboration but were never called to testified. No
reasons had been given. The defence never bothered to call
any of these people to testify on their behalf if infact what
had been said was not true.
4. That Babacar Mbaye was said to have been the first person
to whom the accused had confessed to, but was never called
as witness by either side
5. The cautionary and voluntary statements obtained from the
accused and witnessed by an independent witness was
subsequently abandoned because the police could not trace
the said independent witness on grounds that there was no
identifiable address or number to trace him.
At the end of the case for the prosecution and defence, the defence
submitted a no case to answer which was overruled. The defence
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