By: Ousman Saidykan
Justice S.M Jallow of the High Court in Bundung has ordered for a blood sample to be drawn from the alleged victim of rape, Fatou Ngoneh Mbaye, to compare it with that of the sample drawn from baby Muhammed, son of the alleged victim, who was said to have died in neighbouring Senegal as a result of being left unattended in a locked car for four hours.
This came on Monday 18th July 2022 after the Judge acknowledged that blood samples were drawn from the accused, Bob Keita and the victim’s boyfriend, Pa Modou Johm as ordered by the Court and that the state may request that blood samples be drawn from PW8 (the alleged victim) to ensure it is related with the one drawn from Muhammed. The defence counsel did not object to this.
“So the court orders that the blood samples be drawn from PW8 (Fatou Ngoneh Mbaye) for comparison purposes for DNA ascertainment of related samples, and the court orders the forgoing in the presence of the State authorities and counsel or representative from PW8’s family,” the judge ruled.
He ordered that the said sample be drawn at the Edward Francis Small’s Teaching Hospital in Banjul. The court has also granted the State’s request to collect an alternative sample from Muhammed, which the defence objected to.
“So the State’s request to draw an alternative DNA sample which the senior (defence) counsel objects to, is also permitted and granted for the State authorities to assist the court in ascertaining the paternity of the baby Muhammed and collecting any evidence to ascertain the truth of this case.”
The State informed the court that a blood sample had been drawn from Muhammed a day before the court ruled that such be done.
Though, the Court was satisfied with the sample to the surprise of the defence counsel, LS Camara who said: “my lord, my first concern is when the court said it is satisfied with the sample that has been allegedly extracted from Muhammed when there’s no evidence before this court that the sample was drawn from him.”
