By Bruce Asemota
One Jainaba Sowe has been sentenced to five years imprisonment after being found guilty of negligent act causing the death of a three-year-old child.
Jainaba was first charged with the murder of Jaina Baldeh in 2020. She denied the charge and in the subsequent trial, the prosecution called ten witnesses and tendered several exhibits including witness statements, post-mortem report, pictures of the deceased’s exhumed body amongst others.
Jainaba testified in her own defence and called one witness, Dr Kalipha Kassama.
The prosecution said at the time of her death, the three-year-old child was under the care of Jainaba after whom she was named.
The court in evaluating the evidence adduced inferred that the eye witness accounts and the medical evidence showed that the deceased had injuries which were inconsistent with a reasonable physical discipline of a three-year-old child and that the accused person had caused substantial physical harm and severe pain to the child.
The court disclosed that the accused was grossly negligent and by her omission to care for the child, has shown such disregard for her life and wellbeing as to the amount of crime that deserves punishment.
In passing sentence, the presiding judge, Justice S Wadda Cisse, disclosed that the court after considering all the mitigating factors against the circumstances of the case, including the public interest, the court will not impose the maximum sentence of ten years imprisonment but invoke the discretionary powers under section 29 subsection 2 of the Criminal Code and sentenced her to five years imprisonment, effective from the date she was remanded at Mile 2 Central Prisons.
