The Daily Observer (Banjul)
Sidiq Asemota
13 November 2009
Banjul — Justice Moses Richards of the special criminal court in Banjul yesterday convicted and sentenced one Paul Mendy for causing the death of two sailors, Katim Touray and Suleiman Saine, on January 23, 2009, along the River Gambia between Japini and Yerri Bamba in the Lower River Region.
Delivering judgement, Justice Richards disclosed that the prosecution, led by SH Barkun, had called three witnesses to prove it case against the accused whilst the defence, led by B Semega Janneh had called 5 witnesses. Justice Richards told the court that he was convinced that the prosecution has proven its case beyond all reasonable doubt, noting that the accused actually acted recklessly or rashly while he was piloting the tug boat which slammed into the canoe carrying the two deceased persons.The judge also disclosed that the testimony of the accused was unreliable.
He noted that the tug boat the accused was piloting was ill-equipped and lacked modern and safety precautionary systems.Justice Richards said the affidavits tendered before the court indicated that the victims died as a result of drowning, a painful process. Justice Richards further disclosed that the assertion by the parents of the victims that the death of their sons was an absolute act of God did not absolve the accused, noting that tornadoes, earthquake, volcanic eruptions are acts of God. In mitigating for the accused, Lawyer B Semega Janneh told the court that the accused is an elderly man who started sailing in 1961 and it would be merciless for him to be sent to jail.
He revealed that the accused personÂ's attitude during the trial was remorseful and urged the court not to impose a custodial sentence on his client. In his final verdict, Justice Moses Richards sentenced the accused to pay a fine of D15,000, in default to serve 3 years imprisonment. He was further ordered to pay the sum of D25,000 to each victimÂ's parents, in default to serve a one-year jail term.
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