In yet another humanitarian gesture, Mr. Momodou Turo Darboe, a renowned businessman, yesterday donated a brand new 7.5 KVA generator to the community mosque of Bundung Borehole. Worth over D40,000, the generator was officially handed over to the elders of the community at a colourful ceremony held at the Kanifing Municipal Council.

Speaking at the handing over ceremony, Yankuba Colley, Mayor of Kanifing Municipal Council, explained that the gesture came as response to a plea of support to tackle the problem of electricity in the mosque. The appeal was said to have been made at a rally held in the area in which the Mayor was represented by Mr. Darboe.

“After listening to their appeal, Mr. Turo Darboe, who believes in giving and sharing with the needy, decided to intervene by providing them with this 7.5 KVA generator from Germany,” he said.

Mayor Colley commended Mr. Darboe for the gesture and urged the beneficiaries to make best use of the generator.

He then called members of the business community to emulate Turo’s gesture.

For his part, Mr. Darboe said he made this donation on behalf of the KMC mayor. He advised the community of KMC to always rally behind their Mayor, noting that the gesture is in line with complementing government’s drive to electrify the whole country. “I am always out to help the poor and needy and this gesture today is a manifestation of my relentless support to the people. The donation is however based on a humanitarian ground,” he said.

Also speaking earlier, Hon. Sulayman Joof, National Assembly Member for Serrekunda West constituency, described Mr. Darboe as a patriotic Gambian who, he said, is always prepared to come to the aid of people whenever they are in need.

According to Hon. Joof the importance of the generator cannot be overemphasised as it has come at a time when the people are in need of it.

He advised the beneficiaries to take proper care of the generator.

CFAO Gambia Limited has dragged Paradise Suites Hotel to court over a claim of D414, 125.00, being the alleged balance on the price of a generator reportedly sold and delivered to the defendant. In addition, a 28% interest per annum was also claimed on 29th February 2008 before Senior Magistrate Abdoulie Mbackeh of the Kanifing Magistrates’ Court.

The plaintiff claimed that by a verbal agreement some time in 2007 it agreed to sell to the defendant on credit a P350 KVA diesel FG Wilson Generator set. It further claimed that pursuant to the said agreement the plaintiff delivered to the defendant the said generator. The plaintiff went on to claim that it was agreed that the defendant would pay over a six-month installment basis starting from November 2007 and that pursuant to this the defendant issued post-dated cheques, of which some were returned unpaid.

The plaintiff’s claim indicated further that notwithstanding demands both made by and on behalf of the plaintiff through their solicitor, the defendant failed or refused to settle the outstanding sum.

The case was at that point adjourned for further hearing.

Mr. David Colley, former Director General of the Prisons Department, was yesterday, Tuesday, convicted and sentenced to a fine of D3000, in default to serve two months imprisonment for having been found guilty of stealing a brand new generator. David Colley was also ordered to return the 5.5 KVA generator to the Prisons department.

However, Mr. Colley was acquitted and discharged on the count of stealing the sum of D27, 000, being the alleged proceeds realised from the tractor belonging to the prison department.

Delivering the judgement, Magistrate B.Y.Camara of the Banjul Magistrates’ Court stated that in criminal law there is no act without intention. He said the burden of proof lay with the prosecution, adding that where the prosecution failed to prove a prima-facie case against the accused the benefit goes to the accused. He said the standard of prove must be beyond all reasonable doubt.

Magistrate Camara further stated that looking at the totality of evidence on count one, the prosecution relied on the evidence of PW7. He said the prosecution did not tender the book where the purported proceeds realised from the tractor contract was recorded nor call any witness to corroborate the evidence of PW7. He said the prosecution had failed to reach the standard of proof on count one and, he continued, therefore acquitted and discharged the accused accordingly.

Turning to count two, Magistrate Camara stated that it followed that one returns after borrowing. “Where you failed to return,” he added, “there is intention to deprive the owner of his property, after several demands.”

He observed that four years on the generator was put in the charge of mechanic without any effort by the accused to return the generator.

In light of the above, he noted, the prosecution had proven their case on count two by reason of which the accused is convicted accordingly.

David Colley, 42, join the prisons service in 1976, rising to the rank of Director General over the years.

Principal Magistrate BY Camara of the Banjul Magistrates’ Court, last Friday, set the criminal case involving David Colley, former Director General of The Gambia Prison Services for judgement. He did not specifically  set a date for the final verdict on the said case.

Magistrate Camara made this announcement after the testimony of one Alagie Gassama, the second defense witness, who confirmed to the court that the accused had given him the generator that he is alleged to have stolen for maintainance, adding  that he had started repairing the generator.

 He told the court that the Police never allowed him to complete the job at the time they came for the generator. After Mr Gassama’s testimony, Antouman Gaye, counsel for accused person delivered a short address.

However, Inspector Touray, the prosecuting officer told the court that he is relying on the testimonies of the prosecution witnesses and the address he made earlier in response to the no case submission made by Lawyer Antouman Gaye, counsel for the  accused, that was upheld by the court.

The former director-general of Prisons, Mr. David Colley, on Thursday October 4th 2007, opened his defence before magistrate B.Y Camara of the Banjul Magistrates’ Court.

In his testimony, the accused David Colley told the court that until very recently he was the director of prisons; that he understands he is before the court for two (2) counts – charges of stealing the sum of D27, 000.00 and also a new brand new generator valued at D35, 000.00.

He said he denied all the allegations preferred against him. He said he heard the evidence of PW 6 Edrissa Camara and the evidence was not true, adding that PW 6 Edrissa Camara did not give the sum of D27, 000.00 neither did he give him any amount whatsoever. He said the tractor belongs to the prison department and it was donated by His Excellency President Yahya Jammeh for the prison farm in Yundum to supplement prisoners’ diets.

Mr. Colley pointed out that when PW6 Edrissa Camara was questioned by Commissioner Dibba, PW6 Camara said he gave the amount D 27,000 to him the Accused in the presence of Commissioner Dibba.

He said he had never written any statement to the police admitting receiving said money from PW 6 Edissa Camara.

With regards the generator, Mr. Colley said he took the generator from PW1 Rose and wanted to return it to her but the generator had developed a problem. He said he took the generator in his presence and told him the generator developed a problem as its was overloaded.

He said he did not steal the generator and that it was lent to him. He said he was in the process of repairing the generator to return it in good condition.

He finally told the court that he had no intention to permanently deprive the prison department of the generator.

Inspector Touray, the police prosecutor in the ongoing theft case against David Colley, former Director General of Prisons, has maintained that the accused has a case to answer.

Inspector Touray made this submission yesterday while replying to a submission made by Defense Counsel, Antouman Gaye.

Delivering his submission at the Banjul Magistrates’ Court, presided over by Magistrate BY Camara, Inspector Touray said the evidence of the first prosecution witness, Ms Rose of the Old Jeshwang Prisons, revealed that the accused borrowed a generator from her through one Chief Inspector Jobe and Kamara Sanneh. He reminded the court that the witness also indicated that the said lending transaction was recorded in the station diary.  He recollected that the witness also informed the court that she had made several demands for the return of the generator, through Baboucarr Jatta, the then Secretary of State for Interior but to no avail.

He said the accused had no intention to return the generator in question and then submitted the evidence given by Edrissa Camara and Burama Dibba, describing them as “reliable, clear, and corroborated.”

He then made reference to several provisions of the Criminal Code to back his argument.

Four G4 security men were yesterday convicted and sentenced by the Kanifing Magistrates’ Court for stealing the very thing that they were entrusted to safeguard.

Kaba Bojang, Bakary Sowe, Edrisa Sanyang and Lamin Gibba were sentenced to serve a month’s mandatory jail term after being found guilty of stealing 700 litres of gas oil from the warehouse of the American Embassy in Banjul.

The quartet was each ordered to compensate the embassy with the sum of D5000 in default to serve 12 years in prisons.

The case was chaired by magistrate Pa Harry Jammeh and the IGP represented by Cpl. Camara.

An employee of Gamjuice Company, Abdoulie Bah, is now left with the burden of exonerating himself from the allegations of stealing from his employer.

Bah was lately charged at the Bundung Magistrates’ Court for allegedly stealing items valued over D60,000 from Gamjuice.

The details of the offence as indicated on the charge sheet read that Bah, between the months of January and April of this year, stole eight tanks, ten plastic chairs, 11 refrigerators, a generator and 750 empty crates. The items, valued at D64,000, were said to be the properties of Gamjuice.

He denied the allegations and his case is now set for hearing. But to enable him gain his freedom in the meantime, he was granted bail in the sum of D10,000 with a Gambian who must fulfill the bail conditions as surety.

1674 Ceesay would represent the IGP in the trial to be chaired by magistrate B.O. Jobe.