Father Remanded for allegedly Beating Daughter to death

Photo: Magistrate Anna O. Mendy

 

By Ousman A. Marong

The Essau Magistrate's Court presided over by the Principal Magistrate Anna O. Mendy has on Thursday transferred the murder case involving one Ousman Gaye, accused of beating his 7-year-Old Daughter Mariama Gaye to death at Kerr Sait Cham village in the lower Niumi District, North Bank Region (NBR).

The trial Magistrate Mendy, further ordered that the accused be remanded in custody pending his re-appearance at the High court in Banjul.

Mr. Gaye, a resident of Kerr Sait Cham slammed with a single-count charge of murder.

Police prosecuting Officer Inspector Kebba Ceesay alleged that the incident happened on December 29^th, 2022, at Kerr Sait Cham village in Lower Niumi District, North Bank Region (NBR), the accused person Ousman Gaye unlawfully beaten his seven-year-old Daughter by the name Mariama Gaye, with an object which resulted to her death.

However, Mr. Gaye, who was unrepresented in court by a lawyer denied any culpability when the charge was read to him.

At this juncture, prosecuting Officer Inspector Ceesay, applied for the matter to be transferred to the high court, because it attracts a death sentence or life imprisonment. He further urged the court to remand the accused person.

The presiding Mendy upheld the prosecution's application and finally transferred the matter to the high court. She further ordered that the accused Mr. Gaye should remand pending his appearance at the high court.

Sami Boy Convicted For Setting Compatriot Alight

By Ousman A Marong 

The Essau magistrate court has convicted and sentenced one Lamin Bob to a fine of five hundred thousand dalasis (500,000), in default to serve 2-years in prison after he was found guilty of pouring petrol on one Sulayman Ceesay and setting him on fire in Sami village (NBR).

Presiding Magistrate, Anna O. Mendy, however, further ordered the convict to pay a of fine of five hundred thousand dalasis as compensation to the victim in default to serve two years jail term. Both jail terms are to run consecutively.

The convict was further reminded of his right to appeal. Mr. Bob was slammed with a single-count charge of assault causing grievous bodily harm. 

According to the indictment filed by the police prosecutors have revealed that the incident happened on October 19th at Sami village, in Lower Nuimi District (NBR).

It could be recalled that on October 25th Lamin Bob, unlawfully poured petrol on Sulayman Ceesay and lit a fire on his body causing him grievous bodily harm. When the charge was read to him, by the court clerk and interpreted to him in Wollof by the court interpreter, Mr. Bob pleaded guilty to the charge.

“The Facts couldn’t be narrated by the prosecution on the same day due to the victim’s critical conditions and admission at the Essau District Hospital. The matter was adjourned to the 7th of November 2022 for fact narration by the prosecution. The matter was subsequently adjourned due to the victim's condition and admission at the same hospital,” said the Presiding Magistrate, Anna O. Mendy.

She said the victim was finally discharged and the facts were narrated by the police prosecuting Officer on 14th November 2022.

“After fact narration, the accused person maintained his guilty plea and was accordingly convicted as charged.”

In passing her sentenced, the presiding Magistrate Mendy considered certain factors such as the antecedence of the convict and indeed remorsefully. 

The trial Magistrate further stated that the convict is young, and he is a first-time offender and the court believes he will avoid falling foul of the law, and be an active law-abiding citizen if given a second opportunity. 

The Magistrate has cited the provision of section 29th subsection 2&3 and section 31, subsection 4th of the criminal code, section 259 and 266 of the CPC, which served as mitigating factors when person sentences on convict especially when finds or compensation was awarded.

“The court further averted its mind to the condition or what would have become of the victim if there was no stagnant water on the road for him to fall on and turn off the fire on him off his clothes. The outcome would have been deadly if there was no said stagnant water on the road. The court has also taken note of the increasing crime rates most especially among youths within our communities, therefore, there is a need to curb or reduce such unlawful and immoral behavior in our communities,” urged Magistrate Mendy.

She continues: "There is no doubt that the convict has committed an offense against the criminal code, therefore, the court hereby invokes its discretion provided under section 29th subsection 2&3 of the criminal code cited above in the person of Lamin Bob, to a fine of Five thousand dalasis (D5000) in default to serve 2-years imprisonment and the compensation of five hundred thousand dalasis in default to serve 2-years imprisonment.

Gambia: Former GNA Officer Alagie Kanyie Testifies in FJC & Yankuba Touray's Case

By Ousman A. Marong A former soldier of the Gambia National Army (GNA) Alagie Kanyie has on Friday, March 22, 2019, testified in the ongoing trial of Yankuba Touray, ex-minister and a member of the AFPRC military junta; and Fatoumata Jahumpa-Ceesay, (FJC) an ex-Speaker of the National Assembly, at the Kanifing Magistrate's Court. The two accused persons, Yankuba Touray and FJC are jointly facing 3 counts of criminal charges, contrary to the laws of The Gambia. When the case was called before Principal Magistrate Isatou Janneh of the Kanifing Magistrate's Court, police prosecutor ASP Almameh Manga appeared for the Inspector General of Police whilst Lawyer Abdou Aziz Sissoho represented the accused persons. When the new charges were read, both accused persons denied the charges. According to the particulars of offence; the accused persons are jointly charged with conspiracy to commit felony, contrary to Section 368 of the Criminal Code and each of them face a single charge of interfering with information or witness, contrary to Section 36 (a) of the TRRC Act. The particulars of offence stated that the two accused persons agreed among themselves to influence, discourage or stop one Alagie Kanyi, a potential witness from testifying before the Truth, Reconciliation and Reparations Commission (TRRC). Testifying before the court as the first prosecution witness (PW1), Alagie Kanyi said he is working with the Gambia Immigration Department (GID) and he is a native of Jarra Sankuya in the Lower River Region (LRR). He said before working with the GID, he was member of the Gambia National Army (GNA). He told the court that he knew the first accused person Yankuba Touray in the army and recognized the second accused person as a former Speaker of the National Assembly. Narrating what transpired between him and the accused persons, Kanyi said there was a day in the month of January 2019, when he received a call from someone who identified herself as Fatoumata Jahumpa Ceesay. He added that the person who called him was speaking in Wollof and told him that it is Fatoumata Jahumpa Ceesay. Kanyi narrated that lady then told him that she recognized him at Edward Singhateh’s residence. Kanyi adduced that FJC referred to him as an orderly to Edward Singhateh and that she got his number from Yankuba Touray. He added that the lady also enquired whether the TRRC has called him (the witness). PW1 told the court that he responded that he was called by the TRRC in relation to the November 11, 1994 incident. Kanyi revealed that Fatoumata Jahumpa Ceesay told him not to mind them (The TRRC) and asked him whether his mother is alive. "I told her yes my mother is around and she told me to be doing good things for her so that she will pray for me," he said. The witness told the court that Fatoumata Jahumpa asked him where he was and he told her that he was in Soma going home to Sankuya. He said Fatoumata Jahumpa further asked her whether the number she called him on is the one he is using on WhatsApp and he responded in the affirmitive. Kanyi said Madam Jahumpa promised to send him something whenever she reaches Dakar because she was on a trip, adding that there was where their conversation ended. "When she cuts off the call, I then called her back and thanked her for the good advice. I told her that I need her advice because the TRRC is not easy," he said. He said the number he was using on WhatsApp is 7633692. He told the court that, this was his first conversation with Fatoumata Jahumpa Ceesay; adding that he has never had any previous communications with her. The witness said it was on the same day when Yankuba Touray called him around 9pm towards 10 pm and identified himself as Yanks with regimental number 10529. "He said is me Yankuba Touray and even told me his Army number which is 10529. I then respond to him yes sir because I recognized the voice and he told me did these people call you? I asked him which people. He then told me the TRRC," the witness narrated. He said Touray inquired whether he went to the TRRC and what issues did the investigators asked him. Kanyi said he responded that he was called by the TRRC but he was yet to be asked about the issues. He explained that thereafter, Touray told him don't mind them (the TRRC) and he Touray also enquired from him whether Fatoumata Jahumpa Ceesay called him because he gave her his number. Kanyi said he responded in the positive. “He (Yanks) told me don't mind them (the TRRC), these people are only here for two years and they will fuck off from there,” Kanyi testified. He said the following day when he called Touray to go first to the TRRC because he was their commander, ‘he told me don’t mind them’. The witness said that he then called Touray for the second time and asked about the people captured during the November 11 incident. He said Touray told him that those people dance to their own tune because their intention was to kill them (the AFPRC members). The matter was then adjourned to the 2nd and 5th of April 2019 at 2 pm and 10 am respectively for the continuation of hearing. Yankuba Touray flank on left, Alhagi Kanyi in the middle followed by FJC (photo credit Yankuba Jallow)