Magistrate EF M’bai of the Brikama Magistrates’ Court on Wednesday convicted and sentenced one Kemo Saho, a native of Farato to two years of imprisonment after being found guilty of assault resulting to injuries on the Imam of Farato, Samba Bah.
Handing down his verdict before the court, presiding Magistrate M’bai reminded the court that the prosecution has called on three witnesses to testify noting that the complainant in his testimony told the court that he was seriously assaulted by Mr Saho. Presiding Magistrate M’bai went on to reveal that the accused has also called on three witnesses in the names of Dembo Touray, Buba Sillah and Sadibou Camara. He expressed satisfaction that the prosecution has proven their case beyond reasonable doubts.
Lawyer Edward Gomez, the defence counsel in his mitigation told the court that during the period of Mr Saho’s detention, he had a misfortune of loosing one of his children and the sad part of it according to him was that the convict had the trauma of not attending the funeral. “This is a heart- breaking incident. Only he, who knows it, feels it” he remarked. He further told the court that the convict is a family man with immeasurable responsibilities. “Hiding him away from his family could be indeed harmful, devastating and could be the lead to the downfall of the family”, he mitigated.
“I understand that the convict is a second-time offender. As his lawyer, I am respectfully begging and urging the court to find a consideration for the long period Mr Saho has already spent in remand not to impose a custodian sentence on him. I will also urge the court to exercise mercy on him”, he pleaded.
For his part, Police Prosecutor Sergeant 493 Badjie, applied the court under section 145 of the laws of The Gambia for the convict to compensate the complainant.
In his final verdict, Magistrate M’bai convicted and sentenced Mr Saho to two years imprisonment and subsequently ordered that the complainant be compensated with the sum of D10,000 or in default to serve another one year imprisonment, noting that all sentences shall run consecutively.