by Admin
Abubakar Saidykhan has been freed after pleading guilty to defilement, following a judgment delivered by Justice Jaiteh at the Banjul High Court. The ruling took into account Saidykhan’s remorse, his time already served, and the seriousness of the offence.
Saidykhan was initially charged with rape in October 2021—a charge he denied—prompting the prosecution to present five witnesses and submit various exhibits. However, during the proceedings, the prosecution amended the charge to defilement under Section 5(1) of the Sexual Offences Act, 2016.
The amended charge alleged that Saidykhan had engaged in sexual intercourse with {victim name withheld for privacy), a minor aged between 16 and 18, in a village whose name we are also withholding to protect the victim’s privacy. When the revised charge was read in court, Saidykhan pleaded guilty and admitted to the facts presented by State Counsel F. Drammeh.
Following the guilty plea, Justice Jaiteh convicted Saidykhan under Section 5(1) of the Sexual Offences Act, 2016.
The prosecution informed the court that Saidykhan had no prior convictions. Before sentencing, his defense counsel, C. Ojoku, pleaded for leniency, highlighting his remorse, early guilty plea, status as a first-time offender, and role as his family’s primary provider. Ojoku also cited his health concerns and the condition of his elderly father, urging the court to exercise compassion.
In his ruling, Justice Jaiteh acknowledged these mitigating factors, noting Saidykhan’s willingness to take responsibility for his actions. He referenced the initial rape charge, which carried a potential life sentence, and the fact that Saidykhan had already spent 3 years and 7 months in remand.
“The convict has demonstrated a willingness to take responsibility for his actions by entering an early guilty plea… He has expressed genuine remorse for his unlawful conduct in engaging in sexual intercourse with a minor, an offence unacceptable and condemned in this jurisdiction,” Justice Jaiteh stated.
Considering that the defilement charge carries a maximum seven-year sentence, and invoking Section 29 of the Criminal Code for a more lenient ruling, Justice Jaiteh determined that the time already served was sufficient.
“In light of these considerations, I hereby sentence Abubacarr Saidykhan to a term of imprisonment equal to the time he has already served: 3 years and 7 months. Given the time already spent in custody, I order that the convict be discharged from remand prison forthwith,” the judge concluded.