Tough sentences for Today thieves

Tuesday, September 9, 2008
Buba Jawo, the principal magistrate at the Kanifing Magistrates Court, yesterday, delivered tough sentences on  Bakary Badjie and Ebrima Sallah of Serrekunda.

The duo had been charged for store-breaking and stealing, contrary to Section 252 of the Criminal Procedure Code, Cap 10, Volume lll, Laws of The Gambia.

According to count one of the charge sheet, on or about 5th September 2008, in Kanifing, the duo broke into and entered the generator room of Today newspaper with intention to steal.

Count two states that on the same day, the duo entered the generator room of Today newspaper and stole a KVA generator valued at D36,000, being the property of the paper.
The accused persons had pleaded guilty, when the charge sheet was read to them.

At that juncture, the police prosecutor, 870 Touray, told the court that on that day, the deputy police commissioner in Kanifing, Supt Kebbeh received a tip-off that there was a stolen generator in a compound in Latrikunda Yiringanya.

“It was then that Deputy Commissioner Kebbeh, accompanied by some officers, went to the said compound and found the 1st accused, Bakary Badjie, who was arrested and taken to Serrekunda Police Station after which, the generator was recovered,” he said.

According to him, while the police were carrying out their investigations, the second accused person’s name was also mentioned in the theft and he was also arrested.
“During the investigation, Bakary Badjie told us that he [committed] the act with one Ebrima Sallah,” he explained.

He further told the court that the proprietor of Today newspaper was also invited to the police station to give his statement. He added that the cautionary and voluntary statements of both accused persons were obtained in which they both confessed.
Police Prosecutor 870 Touray then tendered the said generator in court and it was marked as exhibit A.

Delivering his judgement, Magistrate Jawo convicted each of the accused persons for store breaking contrary to Section 283 and punishable under Section 282 of the Laws of The Gambia.

Principal Magistrate Jawo then told them that being first time offenders should not warrant them to steal somebody else’s property, adding that theft  is a criminal act which he will never entertain in his courtroom.

sentences
On count one, Magistrate Jawo sentenced each of them to D50,000, in default to serve one-year, six months imprisonment.

On count two, he also sentenced each of them to D100,000, in default to serve one-year, six months imprisonment plus D30,000 each as compensation to recover the loss and damages of the plaintiff.
All sentences are to run consecutively.

Author: by Musa Ndow & Assanatou Bojang