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Published On: Mon, Jun 10th, 2024

A. Gibba Continues Evidence In Chief of Victim in Alleged Attempted Murder Case

In the alleged attempted murder case against Yugo Sowe, the victim who was also  a wife to the accused (name withheld) continued her evidence in Chief at the High Court before presiding judge Justice Jaiteh. 

A. Gibba for the state asked the witness what transpired in the room prior to her losing consciousness, to that she replied

“When my child called the neighbors on phone they called the police, when the police came and asked me what is this, I told them that the accused person is the one who beat me.” The accused was further asked if beating was the only thing that the accused did to her, to that she responded that the accused took a cutlass and chop her body. 

The witness was asked what occurred after she told that to the police, the witness testified that “After that I told the police that if you catch the accused person, he is the one and if you don’t catch him as well, he is the one.” When asked by Counsel A. Gibba what occurred before the accused person, chopped her with the machete she (victim) replied that she was laying in her bed when the accused did that to her she further stated that before that she had gone to the pharmacy to get some drugs when she met up with a woman named Jainaba. She highlighted that the accused knows Jainaba as well, the victim told the court that Jainaba had told her whether she heard about the rumors to which she asked Jainaba what rumors she was talking about and Jainaba explained to her that the accused had said that he would come and burn the victim’s house with petrol. Adding that she would hold the Quran and swear that Jainaba had told her that which pains her a lot.

However, Counsel O. Susso objected to the evidence, that Jainaba told the witness about the rumor highlighting that it was hearsay evidence from a third party. In response to that  Counsel A.Dibba highlighted that the statement was not hearsay as he cited section 19 which defined what hearsay evidence defined. 

Justice Jaiteh in his ruling, ruled that the statement made by Jainaba to the witness that the accused said he would come to her house to burn it down is not hearsay as the statement was said directly to the victim. He highlighted that as per section 19 of the constitution, what hearsay means is clearly defined there and the statement is not hearsay as it was said directly to the victim.

Proceeding with the victim’s evidence in Chief, Counsel A. Dibba asked the victim how many days interval was it from the date that Jainaba said that to her to the date that the accused came into her  house at night and stroked her with a machete multiple times to that the victim replied that it was just 2 days interval. Being asked what followed after her (victim) surgies, the victim stated that the police and asked her questions.

When asked if she had anything else to tell the court, the victim said that whatever she had to say she already did which was the accused said he was going to burn her house because in many occasions she had been asked if she had been reporting the accused to the police but she did not however she wants to report the fact that the accused wanted to burn down her house. Counsel A Dibba further told the victim that in her earlier testimony she told the court that despite the fact that the accused person had divorced her three times, he still came and insisted on fulfilling his matrimonial rights, what did she mean by that, she responded that after divorcing her three times he used to come to the house and say he would sleep there and when she refused he would say that he is going to throw her out of the house but she always told him that she cannot leave because of her children. 

Counsel A. Dibba asked her what she meant by he comes and sleep there to that she replied that the accused used to come and have sexual intercourse with her even after divorcing her. Adding that he is the one that would chop her with a cutlass, tried to kill her and even want to throw her out of the house but she would not do that to him as the accused person’s father and her mother share the same parents.

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