Modou Touray, an adult male Gambian was charged with a single count of rape contrary to section 4 (1) (A) of the Sexual Offences Act of 2013.
According to the particulars of the offence, Modou Touray, on or about the 21st day of July 2020 at Brikama Gidda, intentionally engaged in a sexual act, by raping a woman (name withheld). Touray said he was first a policeman under the Police Intervention Unit before leaving for health work. He pleaded not guilty to the charge.
The prosecution led evidence through five (5) witnesses and tendered a medical certificate showing bruises on the vagina, a ruptured hymen and vaginal discharge. Other documents included his cautionary and voluntarily statements.
The first prosecution witness was the victim. She testified that she had an injury and was directed to the residence of the accused for treatment. She said the accused commenced the treatment and she was to regularly go there. She stated that on the day of the incident, the accused changed where he used to inject her. She only found herself thereafter on the accused person's bed where she was allegedly raped and had bruises on her vagina.
She adduced that as a result of the bruises, she could not walk properly from the accused person's house. She informed the court that the accused person gave her water after the ordeal but she refused to drink. She testified that she left the accused person's apartment very dizzy and by the junction close to the gate of the accused, she could not walk anymore. She was assisted by one Pa Chatty who found her helpless and assisted her home. When she arrived home, she said she told her guardian what happened to her and she was taken to the police station; then to the hospital where it was confirmed by the doctor that she was raped. She said was treated and discharged.
After her evidence-in-chief, she was later cross examined by the defendant who defended himself.
Another prosecution witness, Dado Jabbi testified saying she is a gynaecologist at the Brikama Regional Hospital. She testified that she did a vagina examination on the victim and her conclusion was that there was a penetration in the vagina of the victim.
Prosecution witness three was Pa Amat C. Bah, police officer who recorded the accused person's statements.
Prosecution witness number four was Pa Chatty, and Fatou Fatty, the fifth prosecution all testified against the convict.
At the close of the prosecution’s case, the court ruled that the prosecution had established a prima facie case against the accused person. The accused was called to open his defense. He testified, called one witness and did not tender any exhibit.
In his Defence, Modou Touray said he is a volunteer nurse at the Brikama Health Center. He was a PIU Officer before becoming a nurse. He has been serving as a volunteer nurse for over 10 years. He stated that the victim came to him for treatment of an injury. He treated the victim for three consecutive days. Much to his surprise, he was called by the police that the victim said he injected her and raped her.
The accused, however, concluded in his testimony that all the allegations against him were false.
Under cross examination, the prosecution asked him whether he was qualified to inject a patient and he stated that with his experience he could inject. He denied that the victim was injected on the 2nd day and that on the third day there were people outside.
Defence witness two was Jainaba Ceesay, the wife of the accused person. It was her evidence that the victim came to her house and husband treated her on the first day and told her that he needed to give her tetanus injection which he did not have. The next day she came around 3 p.m. and her husband told her to come back in the evening but she did not come back. The next day she left for the market and when she came back she did not find her husband at home. She phoned severally but her husband was unreachable. To her amazement, she received a call from her husband who told her that, he had been arrested and charged for rape. Thereafter, she went to the police station and met her husband and some police officers went to her house to take pictures. One officer told him to negotiate so that they could allow him to go home.
She explained that the husband told her that he was forced to agree that he committed the offence. Under cross examination, she agreed that all that happened on the third day between the victim and her husband is not known to her.
Magistrate Che said that the confessions made by the accused person together with the medical report and the victim’s evidence confirmed that there was rape. He held the accused person’s testimony is therefore not reliable and worthy of belief.
“It is an afterthought and a calculated attempt to throw dust in the eyes of this court,” the Magistrate said.
The offence of rape under section 4(1) (9) (1) of the sexual offence Act 2013 provides for imprisonment of not less than 10 years where the convict is found guilty and is a first-time offender.
“I have watched the demeanor of the convict all through the trial. I did not sense any iota of remorse in the convict," he said.
He sentenced Modou Touray to a mandatory jail term of twenty (20) years. In addition, Magistrate Peter ordered Mr. Touray to pay the victim D50, 000 as compensation for the havoc he caused her.