The criminal trial of assault, causing actual bodily harm involving Yusupha Bajinka and Mustapha Bajinka recently commenced at the Brikama Magistrates' Court.
Testifying before Magistrate Nkea, the first prosecution witness (PW1), Babucarr Samba informed the Court that he is a teacher, and that he recognised the accused persons.
He said on 26th May 2010, he was about to perform ablution when he heard the second accused person Yusufa Bajinka insulting, as he advanced towards his house.
According to Mr. Samba, when the second accused arrived at his door, he called his name and insulted his mother and the whole of his family, including himself.
PW1 further informed the court that the accused told him to go back to his father's compound. As he put it, he is not a family member of that compound.
Mr. Samba further testified that the second accused then kicked him and gave him a blow on his face as he gripped him.
He said as he struggled to escape from the grip, the first accused also joined in, took a chair and hit him on the head.
The police prosecutor, Cp1 1343 Camara applied to tender the said chair as an exhibit, but was objected to by defence counsel, O.B Mbye, on the grounds that the chair was not labeled to show that it was the one recovered from the alleged crime.
However, the presiding magistrate overruled the objection made by the defence counsel and admitted the chair as an exhibit.
Still testifying, PW1 said when the first accused hit him with a chair he fell down. He said it was when the accused persons started to give him a blow all over his body, and as a result he sustained injuries.
He said he later reported the matter to the Brikama Police Station and was taken to the Brikama Health Centre, where he was treated and discharged.
Subsequently, he added the accused persons were arrested.
The case was adjourned to 27th July 2010 for continuation
