By Landing Ceesay
Hon. Justice Ebrima Jaiteh of the High Court of The Gambia has asserted that members of the Gambia Police Force (GPF) have no legal authority to physically assault citizens.
Justice Jaiteh made this statement in response to the testimony of Abubacarr Saidykhan, a resident of Lamin Village in the West Coast Region (WCR), who is facing charges of defiling a girl between the ages of 16 and 18.
Saidykhan was initially charged with rape on October 29, 2021, under Section 3 (1) (a) and 3 (2) (d) of the Sexual Offences Act 2013, which is punishable under Section 4 of the same Act.
The prosecution alleges that Saidykhan, in August 2021, engaged in sexual intercourse with a girl (whose identity is withheld) under the age of sixteen in Lamin Village, thereby committing an offence.
On July 5, 2024, the prosecution filed an amended charge, changing the accusation from rape to defilement.
Saidykhan was then charged with defiling a girl between sixteen and eighteen years of age, contrary to Section 5(1) of the Sexual Offences Act 2013, which is punishable under the same section.
The prosecution contends that Saidykhan had sexual relations with the girl in August 2021, committing the offence in Lamin Village.
Saidykhan began his defence on October 21, 2024, after the prosecution closed its case.
He testified that he was 24 years old, a truck driver, and a resident of Lamin Village at the time of his arrest. When asked about the events of August 2021, Saidykhan recalled the day the police came to arrest him, stating that they contacted him by phone and that he met them on the highway.
“Were you informed of the reason for your arrest.?” Counsel M. Ceesay, the lawyer representing Saidykhan, asked.
“At the time of the arrest, I was not informed of the reason for my arrest. The Police told me that I am needed at the Police Station,” Saidykhan told the court.
Saidykhan further testified that he was initially taken to the Abuko Police Station before being transferred to the Nema Kunku Police Station.
When asked if he knew the alleged victim, Saidykhan informed the court that he had no prior knowledge of her until their encounter at the Nema Kunku Police Station.
“While you were there, were you notified about the nature of the complaint?” Counsel M. Ceesay asked.
“When I got to the Police Station I was taken to the cell until around 12 to 1, then I was taken to the CID Office. I was asked several questions, like my name and occupation. I was then asked whether I knew the girl over there by then. I haven’t met her (the alleged victim) yet, they (The police) drew my attention to her and I told them that I don’t know her,” Saidykhan told the court.
Saidykhan testified that after telling the police he didn’t know the alleged victim, they accused him of lying and dismissed his statement as untrue.
“The Police said I was lying, I was there with Officer Njie, and then he called Officer Sowe, and told him that I refused to tell him the truth. Officer Sowe instructed Officer Njie to confront me if I refused to tell the truth. Officer Sowe said if they confront me, I will tell the truth. I was handcuffed, and they (Officer Sowe and Officer Njie) started beating me. Because they said I was lying when I told them that I didn’t know the girl (the alleged victim).
“Which Policeman beat you?” Hon. Justice Jaiteh asked Saidykhan.
Saidykhan reported that Officer Njie and Officer Sowe assaulted him at the Nema Kunku Police Station.
“The SO (Station Officer) was the one who even started beating me and asked them to take me to the cell,” Saidykhan testified.
“I will be very surprised that the Police in uniform are beating citizens. That is very uncivilized of them. I will be disappointed if the police beat you. The police have no power, and no law to beat you,” Hon. Justice Jaiteh said.
Counsel M. Ceesay informed the court that a voir dire (trial within a trial) was requested due to allegations of abuse. He then stated that the court subsequently dismissed the voir dire case.
In response, Counsel F. Drammeh, representing the State, indicated that when called to testify, the Police denied having beaten Abubacarr Saidykhan.
“If the Police swore that they did not beat the accused person (Abubacarr Saidykhan), and the accused also swore that the police beat him, then one of them must be lying,” Hon. Justice Jaiteh said.
Hon. Justice Jaiteh emphasized that the police are only justified in using force if the accused resists arrest. Beyond that, they have no right to harm citizens physically.
The case was then adjourned to November 5th for the continuation of Abubacarr Saidykhan’s testimony.