By Bruce Asemota
Justice Ebrima Ba Jaiteh of the High Court in Banjul has dismissed the criminal appeal filed by one Saikou Ceesay seeking a declaration that his conviction by the Kanifing Magistrates’ Court was wrong in law.
He was convicted and sentenced ten (10) years imprisonment by Magistrate E. J. C. Dunn at the Kanifing court on the 24th November, 2020.
Dissatisfied with the judgment, he lodged an appeal at the High Court stating that the magistrate erred both in law and fact when the court held that the sexual intercourse between him and the victim was without her consent .
In delivering judgment, the trial Judge disclosed that the burden to prove a charge against an accused person lays on the prosecution and this burden does not shift from the prosecution throughout the trial except in a few statutory offences of which rape is not one.
Justice Jaiteh revealed that from the record of proceedings from Kanifing Magistrates’ Court, the victim testified as follows: “The accused found me lying down in the house, he locked the door, I asked who it is and he said it’s him. He asked whether the lunch is ready, I said yes. I got up to dish out the food. The accused grabbed me. I resisted. He did it the second time and I resisted and the third time he fell me to the ground, pushed me onto the bed. He tried to remove my knickers and we were pulling and pushing until the bed broke down. I fell down on the tiles, I was dizzy and I told him to stop but he refused, he placed his hands on her mouth, undressed me and he had carnal knowledge of me.”
Justice Jaiteh asserted that this piece of evidence was not controverted or challenged by the appellant under cross examination and the victim maintained that she was forced to have sex with him.
Justice Jaiteh said by the evidence of the victim, the appellant used physical force to have sex with the victim who led strong evidence in an electrifying manner.
Justice Jaiteh stated that the prosecution established the crucial element as required by law that the Appellant raped the victim.
Justice Ebrima Jaiteh accordingly upheld the Kanifing Magistrates’ Court’s conviction and dismissed his appeal.