Eye Witness Testifies In Sainabou Mbye & Co’s Trial

By Landing Ceesay

The 5^th Prosecution Witness (PW5) Mrs. Adama Bojang, who witnessed the circumstances that allegedly led to the death of the 2-year-old child, the subject of the trial, told the court what she saw of the incident.

The eyewitness who is a neighbour to Sainabou Mbye (1^st accused)who is involved with 2 others in amanslaughter trial at the High Court of the Gambia before Justice Ebrima Jaiteh testified on Thursday.

During her testimony, she said on a particular Sunday but couldn’t remember the specific date, while she was sitting at her compound gate, a black car arrived and parked just after Sainabou Mbye’s (1st accused) rented compound in Brusubi; and that Cherno Mbye, (2^nd accused) alighted from the vehicle, together with Sainabou Mbye (1^st accused), and two other kids; greeted her, and entered inside Sainabou Mbye’s rented compound.

Mrs. Bojang continued that there was a truck inside Sainabou Mbye’s (1^st accused) rented compound with luggage in it.
“I sat at my compound gate for a while, and entered inside. When I came outside for a second time, I heard a noise and found baby Muhammad (now deceased) in the hands of someone they said was the truck driver. I did not know whether he was called Kimili or Kibili (3^rd accused). He was asking for help, but I met they already poured water on baby Muhammad. I asked them what was wrong with the child, and I was told that they (accused persons) forget him in the vehicle,” Mrs. Bojang testified.

The witness further told the court that the way Kibili (3^rd accused) made her feel pity for the child, and that when he (Kibili) tried to make him stand, the child could not and said that was the time she (the witness) took the child from Kibili and ran to Sainabou’s compound through the small gate.

Bojang said that she did not know the name of the 1^st accused who was on her phone at the time, but called her ‘sister’.

She informed the court that Sainabou approached her and asked her in Wolof where she got the child from, and that she (the witness) too asked her whether she did not come with a child in the vehicle, and that was the time Sainabou started shouting in the compound.

“A girl came behind me and also started shouting when she saw the child in my hands. The girl then started asking in Fula Language, and she spoke with the 1^st accused in Fula. That’s the time I knew that the girl is the mother of the child. At first I thought Sainabou (1st accused) is the mother of the child. I then told her (Sainabou) to stop shouting and take the child to the hospital,” she explained.

Mrs. Bojang said, the time she was holding the child, he was closing and opening his eyes; and that the child was so tired to an extent that breathing was difficult for him, and his chest was making noise; and then soiled the clothes she was wearing with vomit.

She informed the court that Cherno (2^ndaccused) also came and told Sainabou to get up and take the child to the hospital, and that was how they (the accused persons) took the child to the hospital.

Mrs. Bojang told the court that she was worried about the condition of the child, and she returned to the 1^st accused’s compound for an update on the child’s condition, but she was told that Sainabou was in a hurry and forget her phone at home; but later found out that the child passed away.

The ex-wife of remanded Bob Keita Sainabou Mbye (1st accused), Cherno Mbye (2^nd accused), and Kibili Dambelly (3rd accused), are charged with manslaughter, contrary to section 186 of Criminal Code Cap: 10.01 Vol. III, Laws of the Gambia 2009.

The particulars of the offence stated that Sainabou Mbye, Cherno Mbye, and Kibili Dambelly, on or about 3^rd July 2022 at Kanifing and diverse places in The Gambia, by unlawful act, or omission, amounting to culpable negligence, left a two-year-old boy resident of Brusubi inside a car, which caused his death, thereby committed an offence.

The lawyers representing the State in the case are S. L Jobarteh, and F. Drammeh; while I. Drammeh is representing the 1^st accused; and C. Gaye and Miss Twum are representing the 2^nd and 3^rdaccused persons.

The case continued earlier today at the High Court in Banjul.