Salma
Abourizk-Alealdin, the Finance and Admin manager at the Kombo Beach Hotel,
testified on 3 February 2016, in the case involving one Ali Hamoud, who was
charged with assault, before Magistrate Bojang of the Kanifing Magistrates’
Court.
The complainant, Salma Abourizk-Alaeldin, told the court that on 31 December 2015, at 7p.m she was removing an ash tray from the ground at the Kombo Beach Hotel, and when she lifted her head, the accused hit her on the head.
She said she told the accused that he had hit her on the head and warned him not to do so again.
She added that this happened in front of her staff.
It was in the presence of one Catherine Badjie and Kebba Gomez, Mrs Alaeldin further testified, saying there was a representative of the Gambia Tourism Board.
She adduced that the accused denied that he hit her, adding that they sorted out the matter with the Gambia Tourism Board.
She posited that later at night between 9 p.m. and 10 p.m., she went to the gate of the guests at Kombo Beach Hotel, and was talking to the chief security.
She further stated that all of a sudden, the accused came with an I-pad, using his camera on her and putting it right on her face.
Mrs Alaeldin testified that the accused was asking her questions, but she did not allow the accused to record her.
She stated that the accused was asking her whether she was forbidding people from going to the beach bar.
She said she told him she was “forbidding anyone from going to the beach bar” because their dinner was still on and anybody who wanted to go into the hotel before 11 p.m. had to pay for the dinner or if they wanted to go to the beach bar, they had to stay within the beach bar.
She said she told him this because the accused wanted to put some bumsters into the hotel, adding that she could not allow that because they had all the guests sitting.
Mrs Alaeldin further told the court that if the bumsters were allowed to go in, they would harass the guests or they would steal from them, adding that the hotel would be held responsible.
She posited that the accused still continued following her with his camera, adding that she told him that he had no right to record her without her permission.
She adduced that he kept on recording her and told her that she was in contempt of court.
She stated further that she told him it was only a judge who could tell her she was in contempt of court or not.
Mrs Alaeldin narrated that she felt very bad when the accused recorded her on his I-Pad, adding that he kept on telling her that he would keep on recording her wherever she was.
She finally told the court that she then reported the matter to the Kairaba Police Station, where she wrote her statement.
At this juncture, the defence counsel, who was representing the accused, started cross-examining the witness, Mrs Alaeldin.
While she was being cross-examined, the prosecutor called the attention of the magistrate that the accused was recording the proceedings on his I-Pad.
Magistrate Bojang then asked the prosecutor to charge the accused with contempt of court.
The defence counsel then apologised to the magistrate on behalf of the accused. He later came back to the courtroom.
The magistrate then told the court that it was the defence counsel who told him that the accused was sending some messages to him after they went through the I-Pad.
He said this was the reason why he was forgiving the accused, and reversed his decision for the accused to be charged with contempt of court.
At this juncture, the defence counsel applied for an adjournment.
The prosecuting officer, Sub-inspector Manga, did not raise any objection to the application made by the defence counsel.
The case was adjourned till 17 February 2016.
