Magistrate John Njie of the Brikama Magistrates’ Court on Tuesday convicted and sentenced one Babucarr Sallah to thirty months imprisonment for the offence of criminal trespass and assault causing actual bodily harm.

According to the particulars of the offence, some time this year, the convict unlawfully entered the premises of the complainant Fatou Kambai and assaulted her.

Following a lengthy trial he was found guilty and sentenced on Count One to 18 months imprisonment and on Count Two to one year imprisonment.

No fever than five detainees were on Wednesday convicted and sentenced by the Banjul Magistrates’ Court presided over by Magistrate Lamin George to six months imprisonment for escaping from lawful custody.

The five convicts are Malafi Gitteh, Abdou kujabi, Alagie Drammeh, Sanna Saidy and Matchu Teah and they were arraigned charged with escaping from lawful custody contrary to section 108 of the criminal code cap 10 volume III, laws of The Gambia.

According to the facts of the case, on 25th July 2008, at about 5.30 am to 6 am at the National Drug Enforcement Agency the convicts were in detention for the suspicion of being in possession of drugs. While on lawful detention, a detainee was brought out to take his lunch from a relative, adding that the padlock and its keys were placed on the table. There then the said detainee that was brought out to take his lunch managed to steal a key. The facts of the case further stated that when he was returned to the cell he opened the cell door while the officer on duty was sleeping.

It continued that the convicts and other detainees gently walked out of the cell and ran away. Its further states that one of the detainees informed the officer on duty that the cell door had been opened and most of the detainees had escaped. It was then the matter was reported and the police at Denton Bridge  were  informed  and a search was conducted. Subsequently the five convicts were arrested and charged with the offence committed.

The Bundung Magistrates’ Court presided over by senior Magistrate Kumba Sillah-Camara on Monday convicted and sentenced one Ousman Jallow to a fine of D50, 000 in default to serve one year imprisonment.

He was also ordered to compensate the complaint the sum of D80, 000 in default to serve one year, six months imprisonment.

The particulars of the offence revealed that between May and June 2007 at Tabokoto the accused falsely obtained the sum of D80, 000 from the complainer, Yuna Lowe, with the promised of allocating him a piece of land situated at Sukuta, knowing it to be false. He pleaded guilt to the charge and was sentence accordingly.

Senior Magistrate Abdoulie Mbackeh of the Kanifing Magistrates Court, on Monday, sentenced one Bamba Haroun, an Ivorian national based in The Gambia, to 12 months imprisonment with hard labour. The accused will also be deported to his native country after serving his jail term.

Mr Haroun was found guilty of attempting to commit felony contrary to Section 365, Criminal Procedure Code, Laws of The Gambia.

In his judgement, Magistrate Mbackeh told the court that the police prosecutor had proven his case beyond reasonable doubt.

According to him, the accused was caught with items that are used in producing fake notes.

He further told the court that the fact that the accused escaped while under police custody [he was arrested two months later] shows that the accused has a guilty conscience.

He said the accused never mentioned in his evidence-in-chief that he was first arrested and escaped while being escorted by a police officer to the police station.

He further told the court that it had been proven that the accused at first denied that the items were found in his house but later relented.
According to Magistrate Mbackeh, what the accused said in court was different from what he said in his cautionary statement written at the police station.
In his plea for mitigation, Mr Haroun begged the court to temper justice with mercy as he is a young and responsible man.

In reacting to his mitigation plea, the presiding magistrate told the accused that The Gambia is a peaceful country and that the privilege given to her citizens is the same given to foreigners.  He further told the court that the accused was not a first time offender but was once convicted in the country.

At that juncture, the presiding magistrate sentenced Mr Haroun accordingly.
Sergeant 870 Touray represented the IGP in the trial.

The Central River Region travelling Magistrate Amadou Baldeh recently convicted and sentenced one Lamin Fadara a renowned footballer in Janjangbureh to 12 months imprisonment or in the alternative to pay a fine of D10,000.

Mr Fadara was being found guilt on charges of house breaking and stealing. He was said to have broken into the house of one Lamin Camara, a teacher at Janjangbureh upper BasicSchool, and stolen mobile phones valued at D40,000 and cash of D11,000.

In passing his sentence the presiding magistrate stated that since the convict had admitted opening and entered the complainants house the court had found him guilty of the offence charged and sentenced him accordingly.

The Banjul Magistrates Court, presided over by Senior Magistrate Kayode, yesterday convicted and sentenced ex-Superintendent Manlafi Sanyang to one year one month imprisonment.
Mr. Sanyang has been standing trial on charges of abuse of office and stealing. It was alleged that the convict, Manlafi Sanyang, while employed in the public service of the Gambia as Government Vehicles Controller in abuse of his office sold a motor vehicle registered BJL 4591A, being government property, without authorisation and also stole the sum of D75,000.00, being the proceeds from the sale of the said vehicle BJL 4591A.
In delivering his judgement Senior Magistrate Kayode said that the accused was before the court on charges of abuse of office and stealing. He added that in furtherance of their case the state prosecution called in four witnesses, while the defence called three witnesses. He noted that the charge before the court made reference to the above-mentioned vehicle.
Magistrate Kayode further stated that the case having come that far, it needed to be considered whether or not the prosecution had proven the guilt of the accused. He said that on the issue of the sale of a vehicle it was settled and agreed even by the convict that he had sold a vehicle to Alhagie Conteh and also collected the sum of D75,000, noting that all material time leading to the case, the convict was the Controller of Government Vehicles at State House. He added that the convict in his statement asked Abdoulie Kujabi to seek clearance from the President, pointing out that the convict contradicted himself when he said in his evidence that he did not seek clearance from anybody to sell the vehicle BJL 4591B because it is not a government vehicle. He said that in respect of the transfer of vehicle BJL 4591, the convict did not request for the transfer in his capacity as Manlafi Sanyang, but in his official capacity as Controller of Government Vehicles, adding that the address of the convict indicated on the transfer is Youth Wing State House. “In the particular circumstance of the present case,” he added “there are unequivocal facts which point to the fact that the convict in fact compromised his office as Controller of Government vehicles. I conclude that the convict abused his office when he sold BJL 4591B which is the same as BJL 4591A without authorisation,” he stated.
On the offence of stealing, Magistrate Kayode stated that the convict admitted selling the vehicle BJL 4591B and also collected the sum of D75,000.00, which he handed to Abdoulie Kujabi. He noted that there exists an evidential burden of proof on the convict to show that the vehicle sold belonged to Youth Development Enterprise, but that surprisingly the convict failed to discharge this evidential burden. He also said that there is no proof to show that the vehicle sold belonged to Abdoulie Kujabi, either as the general or special owner thereof. He said the fact that the convict said he handed over the proceeds to Abdoulie Kujabi is not a defence, adding that the proceeds of the sale of BJL 4591 was handed over to and received by the convict and that the said money also disappeared through the convict. He said an accused could be found guilty based on his own admission.

Eight men were on Monday convicted and sentenced to a fine of D500 each in default to serve three months imprisonment by the Brikama Magistrates’ Court for illegal possession of firearms.

The Eight convicts were Musa Camara , Buba Sarjo, Tumbulu Sanyang, Ebrima Camara, Bakary Bojang, Karafa Bojang, Ousman Sanneh and Ismalai Sanneh.