The judgment, delivered in a packed courtroom, detailed the events that led to the arrest and conviction. The prosecution, led by state counsel, presented two witnesses: Police Officer Alagie Jallow (PW1) and the complainant, a minor (PW2). The accused, Kemo Jobe, testified in his own defence and denied the charges, claiming he was elsewhere at the time of the crime.
In his testimony, PW1 told the court that Jobe confessed to the crime during interrogation and that the stolen mobile phone was found in his possession. Jallow also revealed that Jobe’s arrest followed a tip-off from another individual, Alieu Jobe, who implicated the accused and led police to him. The phone was subsequently recovered from the accused and admitted into evidence.
PW2, (name withheld) a 17-year-old mechanic, provided a gripping eyewitness account. He narrated that while attending a party at Semega Janneh Hall, Jobe confronted him and a group of friends, accusing them of taking his younger brother’s hat. After searching the group, Jobe allegedly threatened Touray with a bottle, restrained him, and forcefully took his phone before fleeing. Touray reported the matter to the police the same night and later positively identified Jobe at the station.
Despite Jobe’s plea of alibi, claiming he was at his father’s workplace on the third day of Tobaski, the court found the defence lacking in credibility and unsupported by any independent evidence. Justice Jaiteh emphasised that for an alibi to be successful, it must be raised at the earliest opportunity and substantiated. In this case, Jobe failed to do so both during police investigations and in his cautionary statement, significantly weakening his claim.
In his ruling, Justice Jaiteh stated: “The prosecution has irrefutably established the accused’s guilt beyond any reasonable doubt.” He noted that the ingredients of robbery, unlawful taking, use of force or threat, and intent to permanently deprive, were fully proven through the consistent and credible testimonies of the prosecution witnesses, corroborated by the physical recovery of the stolen property.
The court rejected the defence’s claims as fabricated and noted that the accused displayed a deliberate attempt to mislead the court. Justice Jaiteh highlighted the gravity of the crime and the psychological trauma inflicted on the victim, stating that violent crimes of this nature are becoming too common and threaten societal peace.
In a plea for leniency, Defence Counsel C.U. Uduma urged the court to consider Jobe’s youth, lack of prior criminal record, and remorse shown during the trial. He appealed for a sentence that would allow the convict to reform and reintegrate into society.
Though Justice Jaiteh acknowledged the mitigating factors, he stressed the need for deterrence and public protection. “The convict was callous and reckless. I cannot hide my repulsion for a criminal who uses violence against his victims,” he remarked.
Consequently, the court sentenced Kemo Jobe to 10 years imprisonment. The sentence will run from the date of his initial arrest and detention.
The judgment serves as a strong message from the judiciary on the consequences of violent crime, reaffirming the court’s role in upholding law and order in Gambian society.
