Justice Ebrima Jaiteh of the high court
Essa Jobe has been sentenced to 20 years in prison by Justice Jaiteh of the Banjul High Court for the rape of his wife’s 14-year-old sister.
Jobe was charged by the state on November 25, 2024, with a single count of rape, a crime under sections 3(1) and (2) of the Sexual Offences Act 2013, punishable under section 4(1)(a)(i) of the same act.
The prosecution presented evidence that on June 1, 2021, at approximately 8:00 p.m., Jobe sexually assaulted the 14-year-old victim at a location known as Green House on Coastal Road. The victim is the younger sister of Jobe’s wife.
The court heard that Jobe obtained permission from the victim’s mother to take her to Coastal Road under the pretense of collecting money on behalf of his wife. Upon arriving at Green House, a secluded area behind an abandoned building, Jobe forcibly led the girl inside, undressed her, and raped her, causing physical injury.
Following the assault, Jobe returned home, where his suspicious behavior upon seeing the victim’s mother led him to attempt to flee. Police, who had been alerted by the victim’s family, apprehended him after a brief pursuit. He was subsequently charged and detained.
During the trial, the prosecution presented six witnesses. The victim provided a detailed and emotional account of the assault, at times breaking down in tears while testifying. Dr. Yayah Bah of Kanifing General Hospital, who examined the victim, testified to finding physical evidence of rape, including injuries consistent with sexual assault, and presented a medical report as evidence. Abdoulie Gomez, a police officer from Old Yundum Police Station, testified that he was part of the team that arrested Jobe, who was apprehended after attempting to escape by jumping over a fence.
In his defense, the accused’s lawyer presented only one witness—the accused himself. The accused testified that he was accompanied by Matarr, his wife’s brother, and claimed that the minor involved in the case also wished to view a house he was considering renting. He further stated that after the visit, he left them around 6 p.m.
During cross-examination, Essa insisted that he did not flee from the police. Instead, he explained that he had gone to a shop to purchase mobile phone credit. Upon exiting the store, he said he unexpectedly came across a taxi carrying Drug Squad officers, which led to his arrest.
While delivering judgment, Justice Jaiteh outlined the central question before the court: “Has the prosecution met the legal burden of proof to establish that the accused had unlawful sexual intercourse with Ida Lowe under coercive circumstances?”
Justice Jaiteh emphasized that in criminal proceedings, the burden of proof lies with the party making the allegations—in this case, the prosecution. He stressed that the prosecution must provide credible evidence to prove each element of the offense beyond a reasonable doubt, noting that this burden is constant and does not shift to the defense.
Referencing Miller v. Minister of Pensions(1974) 2 ALL ER 372, Justice Jaiteh pointed out that the prosecution’s case must be so convincing that no other reasonable explanation exists except that the accused committed the offense.
“It is a fundamental principle that the legal and evidential burden to prove each element of the offence beyond a reasonable doubt lies squarely with the prosecution. Section 144 of the Evidence Act,” Justice Jaiteh anchored.
He added that “if the commission of an offence by a party to any proceedings is directly at issue, it must be proved beyond a reasonable doubt,”.Justice Jaiteh ruled that the prosecution had presented sufficient evidence to establish all essential elements of the offense, proving beyond a reasonable doubt that Essa Jobe raped the minor. Key testimonies from the victim, her mother, and other witnesses provided compelling support for the prosecution’s case.
“The actions of Essa Jobe not only resulted in the rape of the minor but also involved severe threats to her life. The aggravating factors intensify the seriousness of the crime, revealing a deeply troubling pattern of behaviour,” he emphasized.
Justice Jaiteh described Essa Jobe’s actions as a grave betrayal of trust, highlighting his violent nature and blatant disregard for the safety and well-being of a vulnerable child. He stressed that Jobe’s conduct was morally reprehensible and demonstrated a clear danger to society. Despite committing such a serious offence, the convict showed no remorse, remaining defiant and indifferent to the consequences of his actions.
The judge further pointed out that the defence failed to effectively challenge the charges, offering only vague denials and evasive statements without presenting substantial evidence to counter the prosecution’s case.
Based on the overwhelming evidence, Justice Jaiteh concluded that the prosecution had successfully proven its case beyond a reasonable doubt. The court, therefore, found Essa Jobe guilty of rape, contrary to Sections 3(1) and (2) of the Sexual Offences Act 2013, and convicted him accordingly.
During the plea for mitigation, defence counsel Fatou T. Saho urged the court to show leniency, noting that the convict, a man in his 30s, has a 7-year-old child who would suffer growing up without his father. She added that Jobe, a fisherman for two decades, had been supporting his child and siblings and had never been in trouble with the law since arriving in The Gambia in 2002, making this his first offence.
After considering the plea, Justice Jaiteh emphasized that the court could not ignore the heinous nature of the crime. He noted that Essa Jobe had not only violated the trust of his wife’s family but also preyed on the innocence and vulnerability of a defenceless minor, leaving her physically injured and emotionally traumatized.
Describing Jobe’s actions as utterly despicable and inexcusable, Justice Jaiteh stressed that such offences demand a sentence reflecting their seriousness. Relying on Section 4(1) of the Sexual Offences Act, he underscored the need for a punishment that upholds the safety and dignity of individuals in society.
“The safety and dignity of individuals within our society must be upheld, and actions that egregiously violate these fundamental principles will face the harshest penalties,” Justice Jaiteh emphasized.
He added “This sentence not only serves as a measure of justice for the victim but also as a powerful and unwavering message to all would-be rapists: such appalling behaviour will not be tolerated. The law will respond decisively to protect the vulnerable enforce accountability, and ensure that those who commit such atrocious acts face the full weight of the consequences of their actions,”.
He concluded that he has considered that the convict is a first-time offender, and for that reason, he shall not impose the sentence of life imprisonment and invoke section 29(2) of the Criminal Code for a lightening sentence.
“I hereby impose a sentence of twenty (20) years of imprisonment on the Convict (Essa Jobe), which shall commence from the day he was first taken into custody,” Justice Jaiteh sentenced Essa Jobe.Concluding the proceedings, Justice Jaiteh informed both parties of their right to appeal the verdict and sentence within 30 days.