Back and Next - Back and NextBakau siblings guilty of assault
Tuesday, July 8, 2008
Two sisters from Bakau were yesterday convicted and sentenced by Principal Magistrate Buba Jawo of the Kanifing Magistrates Court, after they were found guilty of assault.
Both Maimuna Jammeh and her sister, Oumie Jammeh, were fined to the sum D5,000 each or in default, to serve one year jail-term. The duo were guilty of assaulting and afflicting bodily harm to Maimuna Jammeh (bearing the same name with one of her attackers), believed to be related to the convicts.
In his judgment, the magistrate also ordered the duo to compensate Maimuna, Binta and Sally (another victims of the assault) D1,500 each or in default, to serve another six-month in jail.
According to the prosecution, the convicts, on 12th December, 2007, in Bakau, unlawfully stabbed Maimuna Jammeh with a broken bottle on her face, head and back, and caused injuries to two of the bystanders (Binta and Sally) who had intervened in the feud to make peace.
Handing down his judgment, Principal Magistrate Jawo informed the court that the prosecution had called three witnesses, while the defence called two witnesses. He said the defence witnesses were not credible in their evidence, saying that “in law, failure to discuss the whole truth leads to inconsistency in evidence”.
He said the laws in the Constitution call for good neighbourliness, unity and peace. Since the accused and the complainants are related, he continued, the matter should have been resolved amicably at home, rather than allowing it to reach the court.
“If you are offended and you cannot forgive, the ultimate decision should be to take the matter to the court, before taking the law into your own hands”, he warned, adding the offence the accused committed was a grievous one that carries a maximum punishment of five years imprisonment.
He emphasised that his court will not condone such behaviour.
“Since you are students, your duty is to read your books, rather than committing offences, which are of no benefit to you,” he advised.
In their plea for mitigation, both Maimuna and Oumie begged the court to temper justice with mercy, expressing regret for their action. Police Prosecutor, Sgt Touray, told the court that the accused were first-time offenders.
Antouman Gaye, a senior Gambian lawyer, also appealed to the court to exercise mercy, as the duo are young adults. He suggested to the court to invite the parties’ parents in the chambers or in an open court to address them on the issue. But Principal Magistrate Jawo went ahead to deliver his judgment accordingly.
Both Maimuna Jammeh and her sister, Oumie Jammeh, were fined to the sum D5,000 each or in default, to serve one year jail-term. The duo were guilty of assaulting and afflicting bodily harm to Maimuna Jammeh (bearing the same name with one of her attackers), believed to be related to the convicts.
In his judgment, the magistrate also ordered the duo to compensate Maimuna, Binta and Sally (another victims of the assault) D1,500 each or in default, to serve another six-month in jail.
According to the prosecution, the convicts, on 12th December, 2007, in Bakau, unlawfully stabbed Maimuna Jammeh with a broken bottle on her face, head and back, and caused injuries to two of the bystanders (Binta and Sally) who had intervened in the feud to make peace.
Handing down his judgment, Principal Magistrate Jawo informed the court that the prosecution had called three witnesses, while the defence called two witnesses. He said the defence witnesses were not credible in their evidence, saying that “in law, failure to discuss the whole truth leads to inconsistency in evidence”.
He said the laws in the Constitution call for good neighbourliness, unity and peace. Since the accused and the complainants are related, he continued, the matter should have been resolved amicably at home, rather than allowing it to reach the court.
“If you are offended and you cannot forgive, the ultimate decision should be to take the matter to the court, before taking the law into your own hands”, he warned, adding the offence the accused committed was a grievous one that carries a maximum punishment of five years imprisonment.
He emphasised that his court will not condone such behaviour.
“Since you are students, your duty is to read your books, rather than committing offences, which are of no benefit to you,” he advised.
In their plea for mitigation, both Maimuna and Oumie begged the court to temper justice with mercy, expressing regret for their action. Police Prosecutor, Sgt Touray, told the court that the accused were first-time offenders.
Antouman Gaye, a senior Gambian lawyer, also appealed to the court to exercise mercy, as the duo are young adults. He suggested to the court to invite the parties’ parents in the chambers or in an open court to address them on the issue. But Principal Magistrate Jawo went ahead to deliver his judgment accordingly.
Author: by Sheriff Janko
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