By Arret Jatta
Amadou Wurry Barry, a 34-year-old man, was sentenced to life imprisonment by the Bundung High Court for raping an eight-year-old girl on eid, a major Islamic holiday four years ago. Barry carried out the rape on 3rd May 2022 at Tipper Garage.
In the preliminary court hearing on 23rd November 2022, Barry pleaded not guilty, setting the stage for the full trial in which six witnesses testified, and multiple exhibits were tendered.
The prosecution’s case relied heavily on eyewitness and circumstantial evidence.
Muhammed Trawally, the first prosecution witness, recounted how he heard cries for help while passing near a workshop. He told the court Barry in the act with the child and attempted to intervene, but Barry tried to attack him before fleeing on a bicycle.
Trawally said he pursued him, and with the help of others, apprehended and took him to a nearby police post.
However, under cross-examination, Trawally’s testimony faced scrutiny. Defence counsel pointed out inconsistencies between his oral account and his earlier police statement, particularly regarding details he had omitted. Despite this, he maintained that his account of the incident remained truthful.
The child’s mother, A Cham, described how her daughter had gone out to buy smoked fish but failed to return on time. She detailed the physical pain her daughter suffered in the days following the assault and her treatment at Kanifing General Hospital.
The victim herself testified in camera. She told the court that the accused approached her from behind, dragged her into a workshop, and assaulted her, causing her severe pain. She recalled crying until someone arrived, prompting the accused to flee.
Medical evidence presented by Dr Yaya Bah supported claims of serious injury. He described findings consistent with forceful assault, including bruising and a significant tear. Although laboratory tests did not detect sperm, he explained that such results could occur due to delays or other factors and did not rule out the offence.
In his defence, Barry denied all allegations. He claimed he was wrongly accused and insisted he had merely fallen near the child. He pointed to his clean record, family responsibilities, and standing in the community as evidence of his character.
In delivering judgment, Justice I Janneh said the court carefully weighed both the evidence and the law. The judge acknowledged minor inconsistencies in witness testimonies but found that they did not undermine the overall strength of the prosecution’s case. The court emphasised the vulnerability of the victim, the severity of the injuries, and Barry’s actions in fleeing the scene.
The judge held that the law mandates life imprisonment where the victim is under thirteen years old and that the court found no compelling circumstances to justify a lesser sentence.
The judge noted that the offence, committed during a sacred period, showed a disturbing disregard for both community values and the safety of a child and ruled that justice demanded the highest penalty.
“Accordingly, the convict, Amadou Wurry Barry, is hereby sentenced to life Imprisonment pursuant to Section 4(1)(a)(iii)(bb) of the Sexual Offences Act, 2013. The convict is reminded of his right of appeal against both conviction and sentence,” the judge announced.
