By Amadou Jadama
Senior Magistrate Isatou Jallow of the Brusubi Court yesterday convicted and sentenced one Mariama Naba Darboe to a fine of forty thousand dalasis(D40,000), in default to serve one month in prison after she was found guilty of insulting President Adama Barrow.
This is the first case of its nature since the passing of the Criminal Offences Act which now punishes insults against the president and public officials.
Mariama was accused of uttering a parental insult against the president while in a vehicle from Tanji on July 5.
The prosecution, led by ASP Oley Bobb, called three witnesses and tendered no exhibits to prove the charge against the accused person, while the defence called two witnesses and tendered three exhibits.
In her judgement Magistrate Jallow said the failure of the defence to put the material evidence to the first and second prosecution witnesses that the accused used the phrase “Stupid President” as opposed to the ‘F’ word, merely suggests that this was an afterthought and therefore affects the accused’s credibility.
Magistrate Jallow added that this is because the ‘Stupid President’ claim was only raised during cross examination of PW3, who recorded the witness statement of PW1.
“If truly this was the term used by the accused, the defence would have put it to all the witnesses especially PW1, knowing it was a strong defence to Section 107 of the COA 2025”, the magistrate said.
Additionally, according to the magistrate, it will not make sense for the vehicle that is full with passengers to ensue into commotion, just by the accused using the phrase “Stupid President” jokingly. “It will also not make sense to me why three independent witnesses unknown to the accused will testify to hearing the accused utter the “F’ word if she did not,” Magistrate Jallow stated.
“Under the circumstances, I hold that the prosecution has proven that the accused used the ‘F’ word, and while it may be argued that society has accepted the said phrase to have different connotations or meaning based on geographical location or jurisdiction and context among peers, the use of the phrase is generally regarded as offensive, vulgar and carries a negative connotation regardless of context in this jurisdiction, The Gambia,” the magistrate said.
Lawyer Adama Sillah, representing Senior Counsel Lamin J Darboe for the defence, pleaded with the court to temper justice with mercy, arguing that the accused is a first-time offender, a family woman and breadwinner who works and resides in Sweden.
In passing sentencing, Magistrate Jallow said: “I have considered the subject matters protected by Section 107 of the COA and noted that the presidency is the highest office covered under Section 107. Therefore, any punishment to be imposed must be proportionate to the nature of the offence and other mitigating factors, while giving regard to the Office of the President. I shall therefore, use my inherent powers and impose what is reasonable under the circumstances. The accused person is sentenced to pay a fine of D40,000.00 in default to serve one month in prison and I make no further orders.”
Meanwhile, immediately after the verdict, the convict Mariama Naba Darboe, paid her fines to close the case.
