Senior Magistrate EF M’Bai of the Brikama Magistrates Court on Monday sentenced one Musa Sanyang, a native of Lamin Village, for unlawfully hitting his seven-year old son with a stick  on the head, to a jail term of nine months with hard labour.

Narrating the facts before the court, police prosecutor, Cpl 413 Sanyang, said on the 15 of April  2008, the victim (name withheld) was playing with his friend at home when they cut some mango fruits from a tree in the compound. According to the police prosecutor, when  Musa saw  them, he ran after them.

The prosecutor noted that when the convict got hold of his son, he took a stick and hit him, causing him injuries on the head, and also causing fracture on the young boys left arm. Prosecutor 413 Sanyang told the Court that the matter was then reported to the Yundum Police station by the convict’s own wife, Ramatoulie Gibba.

"The victim was then rushed to Banjulinding health centre where he was treated and discharged," Sanyang said.  He expounded that after the boy was discharged from the health centre, a medical certificate was issued to him and a photograph of the boy’s head was also taken. Sanyang then tendered both the medical certificate and the photograph as exhibits, which were granted by Magistrate M’Bai and there was no objection from the father, Musa Sanyang. Corporal Sanyang concluded that the convict was then arrested by the police and later charged for the offence committed.

In his mitigation, Musa Sanyang noted that he had five children who were all depending on him alone for their survival; education and health. He urged the court to pardon him.

Handing down his verdict, Senior Magistrate M’Bai told the convict that he had taken into account that he (the convict) had pleaded guilty to the offence, adding that he (M’Bai) was well aware of the fact that the victim concerned was the convict’s own flesh and blood, who was only seven years old.

Senior Magistrate M’Bai further told the convict that he had taken note of the fact that he (Mr Sanyang) had informed the  court that he was taking care of a big family. "But I did not hear you make one statement in your mitigation that you regretted your action or that you would never do it again. I did not hear you say even the word "Sorry". M’Bai noted.

He told the convict that the fact that he was the head of his family, taking care of them, did not mean that the court would deem it fitting not to pass a custodial sentence on him. "It is true that the victim is your son but even animals should not be treated in such a way, much more your own blood", he told Mr Sanyang.

He further put it to him (Mr Sanyang) that he should protect his son and not to harm him. "I would not hesitate to say that your action has shown to me that you are a pure heinous man," M’Bai concluded.

He then convicted and sentenced Musa Sanyang to Nine months imprisonment with hard labour, without an option of a fine.