By: Nicholas Bass
The Court of Appeal of The Gambia recently upheld the decision of the Lower Court in the appeal of Mohammed Sambou,a taxi driver who was sentenced to 50 years imprisonment on the charges of rape and robbery.
The Appeal Court was presided over by Justice Basirou VP. Mahoney assisted by Justice Wadda-Cisse and V. Wright.
Meanwhile, Sambou was charged, tried and convicted by Banjul High Court presided over by Justice Nkea J, for the offenses of rape and robbery contrary to sections 121 and 272 of the Criminal Code.
Mr. Sambou, however, after his conviction and sentencing to 25 years imprisonment on each count [rape & robbery], he was disgruntled with the decision of the high court and through lawyers I Camara and Samuel Ade filed his appeal against the high court’s decision.
The Appellant Court recalled that the victim (name withheld) in her testimony told the lower court that the victim took a town trip taxi which was driven by Sambou and he had agreed for her to pay D50.
The victim adduced that the accused gave her a knock on her left eye, adding that she then started crying for help, but Sambou threatened to kill her if she shouted for help. The victim narrated to the court how the driver drove towards Manjai and later raped her.
In delivering the Appellant Court verdict, Justice Mahoney said that the accused Mohammed Sambou indeed raped the victim in his taxi, stating that it had been shown that force and violence was used by the accused [appellant] by forcefully having sexual intercourse with the complainant.
The appellant judge stated that it was after the incident of rape that the victim got out of the vehicle of the accused thereafter the accused threw her a nylon bag.
Justice Mahoney, then recollected that the accused Sambou in his evidence told the lower court that the mobile phone of the victim was found by a passenger in his vehicle which according to him [accused] he attempted to return it to the victim but could not find her.
In his conclusion, the appellant Judge, Justice Mahoney stated that it was proven beyond reasonable doubt that the convict, Sambou took the victim’s mobile phone with violence and force, citing that the trial judge of the lower court believed that the evidence of the victim was indeed convincing.
‘’We accept his finding that the accused used force and violence in taking the victim’s mobile phone and that he is guilty of robbery,’’ Justice Mahoney ruled.
Justice Mahoney further stated that the appellant’s appeal against conviction of rape and robbery was dismissed.