Ivorian national jailed

Wednesday, August 27, 2008

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.

Author: by Musa Ndow