The prosecution alleged that on or about the 3rd day of January, 2024 at 9:00hrs at Nusrat Junction Tallinding Highway, Kanifing Municipality in the Republic of The Gambia within the jurisdiction of the High Court, Lamin Jawla stabbed one Aminata Cham with a knife in her bureau and stole her bag containing Cash of D130,000, 250 Euros, 15,000 CFA, 5 pounds, bad notes of D3,700 and her salary of D3,500 and thereby committed an offence.
In count two, Lamin Jawla is charged with Grievous Harm contrary to Section 214 of the Criminal Code, Cap. 10:01, Vol. Ill Laws of The Gambia 2009.
The prosecution alleged that on or about the 3rd day of January, 2024 at 9: 00hrs at Nusrat Junction Tallinding Highway, Kanifing Municipality in the Republic of The Gambia within the jurisdiction of the High Court, Lamin Jawla unlawfully caused grievous harm to one Aminata Cham by stabbing her with a knife and thereby committed an offence.
However, while opening his defence before Hon. Justice Sidi K. Jobarteh, Lamin Jawla denied these allegations but explained what transpired on that day.
Jawla told the court that he is a resident of Bakoteh Junction Ba, and he is a microfinance officer who was working with Kolomoni. He told the court that he holds a diploma certificate in Banking and Finance.
When his lawyer Counsel Francis C. Anyanwu asked him whether he knew the reason he was in court, Jawla responded positively and told the court that he was accused of something he did not do.
“I was called in the morning by my mother and she informed me that my father was sick. So I dressed up and left my house. I went up to the Jammeh Foundation junction, while I was walking with my bag on my back, I heard noise coming from behind. Before I realised anything the crowd got to me. Some people in the crowd were holding my hands and some were beating me,” he told the court.
Jawla told the court that at the time of being attacked by the crowd, he was carrying a bag, which was taken away from him by the crowd.
Jawla told the court that his bag contained money, his mobile phone, his charger, and his National Identity Card.
“Since that day up to now I have not set my eyes on that bag,” Jawla told the court when asked about the whereabouts of the bag.
Jawla told the court that the amount in the bag was D60,000 which includes two bundles of two hundred notes and two bundles of one hundred notes. He said this money was in the big pocket of the bag.
When asked about the source of that money, Jawla told the court that the tenants he was living with in Bakoteh paid him rent, which was the money in his bag. He said the tenant pays their rent yearly.
“I am the nephew of the landlord that is why,” Jawla told the court when asked why the tenants paid their rent to him.
Jawla further testified that while the crowd was beating him, one elderly man told them that before beating him, they should take him to the police station. He said that was when the elderly man took him to his compound.
Jawla said while at the elderly man’s compound, a man came with handcuffs and cuffed his hands, who later told him that he was a police officer.
Jawla told the court that when they stepped out of the elderly man’s compound with the police officer, they met a taxi and two people sitting in the taxi. He said one of them is Samba, a police officer.
“Samba told me that you are the ones who are robbing people, and I told him that I am not that kind of person. He then slapped me and told me that if I talk again he will do something to me that I will not want,” Jawla told the court.
Jawla continued that: “When we reach at the police station I was put behind the counter and then later taken to a room where I met people without wearing a uniform except for Samba “
It is Jawla’s testimony that an officer called Jallow told him that if he did not tell them the truth he would have something on his body that he would not like.
“Then when I started explaining to them how I was arrested, they (Police Officers) started beating me,” he told the court.
Jawla said that after being beaten by the police while at the CID Office, a man walked in and told them that they should take him to the hospital because he was in pain.
“Samba and one officer then took me to the Jammeh Foundation hospital. Whatever happened at the hospital I can't remember until I saw myself in a cell. Then on the 10th of January 2024 I was taken to the magistrate's court,” he said.
Jawla further told the court that the police asked him things he had no idea about. He said that when he tried to explain to them what happened, they would start beating him.
“It was only Samba who wore a uniform the rest did not wear a uniform but it was Jallow who was asking me questions,” Jawla on the people who allegedly beat him.
He said that when Jallow was asking him questions and he was speaking, another person in the room was writing but he did not know what he was writing.
“The person did not give me what he was writing. I did not sign any document because I was not conscious of what was happening to me,” he testified.
Mr. Jawla denied ever signing any document at the police station. Jawla told the court that he was beaten so badly that he could not remember what was happening.
During cross-examination, State Counsel A. Drammeh told the court that Jawla was not truthful to the court.
“You were never beaten by a Police Officer but rather you were beaten by the people who captured you after you stabbed the victim and took the money,” Counsel A. Drammeh told Jawla.
However, Jawla insisted that whatever he told the court was the truth. He said the people who captured him beat him but they did not beat him like he was beaten at the Police Station.
“The respect and honour I have for this court, and the respect and honour I have for the person asking me, I will not lie to the court. What I am saying is the truth and that's what happened,” Jawla concluded his testimony.
