After summarising the testimonies of the prosecution witnesses, the magistrate said that having gone through the evidence presented, the only issue to be determined was whether the charge had been proved beyond reasonable doubts against the accused.
She referred to the testimonies of PW 1, PW 2, PW 3 and PW 4. She also referred to the evidence of the accused. She stated that she had the opportunity to observe the demeanor of all the witnesses and more particularly that of the accused person. “Having analised the whole lot, I must say that I am convinced that the charge has been proved beyond doubts against the accused.” She told the court.
Therefore, she went on, the accused was convicted of the offence of threatening violence contrary to Section 84 of the Criminal Code, 2009.
When the convict was asked whether he had anything to say, he begged the court to temper justice with mercy. He said that he was begging the court to forgive him. He stated that this was the first time he had committed such an offence. He told the court that he is the one helping his old parents, and that his foot was paining.
“I have heard and considered the convict’s plea in mitigation. However, the convict shall not go free. I sentence him to a fine of D5,000, in default to serve 1 year 6 months imprisonment with hard labour. He is also ordered to compensate his victim with the sum of D10,000 in default to serve 3 years imprisonment,” she said.
Prosecutors alleged that Hamet Baldeh on or about the 13th February, 2021, at Serrekunda, in the Kanifing Municipality of the Republic of The Gambia, he, with intent to intimidate, insult or annoy one Dawda Baldeh, threatened to kill him with a toy pistol.
Prosecutor Warrant 1st Class 2231 Gibba threw her weight behind the Inspector General of Police.
