The criminal trial of one Mamina Bojang, at the Special Criminal Court presided over by justice Moses Richards, took another turn yesterday, when the family of a rape victim told the court that they intend to withdraw from prosecuting the accused.

The accused, Mamina Bojang is alleged to have had unlawful carnal knowledge of a 16-year-old school girl (name withheld) without her consent, between March and April 2008 at Sanyang village in the Kombo South District of Western Region. LK Mboge, counsel for the accused, told the Special Court that the families of both parties had gone on a very lengthy discussion and the family of the victim intended to withdraw prosecuting the accused. Lawyer Mboge further told the court that there was a relationship and that the victim was in court with the child. Justice Richard then called the victim, who was carrying the nursing child in court, and  asked  for the father of the child.

The victim pointed to the accused who was in the dock. The victim also told the court that she was in primary six when the incident happened but she still intends to further her education; revealing that the family of the accused have been sending assistance to her for the upkeep of the child.

The father of the victim told the court that he has no problem for the victim and the accused to get married but expressed concern over giving her daughter to  someone whose fate hangs on the balance; adding that he has forgiven the accused, but he wants his daughter to continue her education.

LK Mboge, counsel for the accused submitted that the  law should not be used as a tool to separate the  parties who seek compromise.
Justice Moses Richards in his response told the court that lawyer Mboge has the moral obligation to bring people together rather than separating them. He noted that he is cognizant of the social consideration and stigma on the child when she grows up to learn that her father was sent to jail.  He then told the DDPP, Mikailu Abdulahi, who led the prosecution that forgiveness is something very inherent in the Gambian society and urged the prosecution to reconsider its position in the case.

Justice Richards however tasked the defence to show a more positive commitment and urged lawyer Mboge to write a formal letter to the attorney general and possibly meet her in person in connection to this matter. He noted that the law is made to protect the society and if members of the society have differences and can patch it, is the duty of the law to keep the people together rather than separate them, adding that social considerations should be taken seriously.

The case is adjourned to March 8, 2010 for lawyer Mboge to furnish the court with the report of how much progress the defence had made in connection to the matter, regarding the attorney general and minister of Justice.