(JollofNews) – The failures of bungling Gambian police have resulted in the acquittal and discharge of a man accused of attempting to rape a one-year old toddler.

Modou Lamin Jammeh was arrested in July 2015 by police in Tallinding, after he took a toddler who was only one year and ten months old at the time into his bed without permission from her parents.

The toddler was found asleep on Jammeh’s bed by her horrified mother, who reported the matter to the police. She was taken to hospital where doctors conducted an examination. While doctors found no bruises or lacerations to her vagina, they found traces of semen inside her.

In their report to the police, they made it clear that they had no record of Jammeh’s DNA, who was in police cells at the time, and as a result they were unable to take a swap sample from him to establish whether the semen found in the toddler was his.

However, police failed to take a swap sample from him and proceeded to charge him with attempted rape based on the story of the toddler’s mum. During her testimony in court, the mum said when she went into Jammeh’s room, she found her daughter fast asleep. She said the daughter was not crying at the time.

Deciding on the case at te high court in Banjul, the presiding judge laid into the incompetence of the police and their failure to put together all the necessary ingredients before submitting the case for prosecution.

Justice Simeon Ateh Abi said it was the duty of the investigating police officer to unravel what seems not too clear in the evidence before him or her in order to come to a conclusion of whether or not an offence had in fact been committed warranting a charge to be laid against the suspect.

“The allegation of crime against any person is a very serious issue and must be treated with all seriousness, especially an allegation of offences that are serious felonies,” he added.

The judge said he is yet to understand why police who have had Jammeh in custody all the while couldn’t be bothered to ‘just walked him a hospital for examination’ to verify the origin of the semen found inside the toddler.

He added: “It would not suffice for the police to hurriedly put together a case file and hope that the office of the Director of Public Prosecutions would wave a magic wand and obtain a conviction in all cases.”

Justice Abi said the testimony by the toddler’s mum that she found her asleep on Jammeh’s bed was an indication to him that nothing had happened to her while she was asleep in the house of the accused.

He said he has carefully examined the evidence and the testimonies of the three prosecution witnesses including the toddler’s mum but did not find any evidence that gave him an inkling that the accused had attempted to rape the toddler.

He said he was left with no other choice but to acquit and discharge Jammeh as he was not satisfied that he had attempted to have sexual intercourse with the toddler based on the evidence on record.

PapaK