2 senior lawyers charged

Tuesday, October 10, 2017

Two senior lawyers are facing 4 criminal charges at the Banjul Magistrates’ Court.

Lawyers Bory S. Touray and Cherno Marena are facing charges with relations to an alleged registration of a ‘deed of gift’ at the Registrar General’s Office at the Ministry of Justice in Banjul.

When the case was called before Principal Magistrate Isatou Janneh, the first accused person, Lawyer Bory S. Touray, was present whilst Lawyer Cherno Marena was absent.

The complainant was also present.

Bory S. Touray told the court that he had received the service of sermon to appear before the court on Monday 3 October 2017.

He further stated that in order to prepare his defence, he applied for the record of proceedings.

The court, in its ruling, held that it was only the police report which contains statement of witnesses, among other things.

In addition, the court also held that it does not have the full police file regarding the matter. He said the court was only in possession of the written complaint, by the complainant, Lamin Trawally. 

The court further held that there was no previous record of proceedings regarding the matter, despite the fact that the charge was issued.

Thus, the court ordered the director of investigation to produce the full police investigation file before the next adjourned date.

The court held that there was no proof of service of the second accused person.

On count 1, Lawyer Bory S. Touray was accused of obtaining registration by false pretence and the particulars of offence alleged that sometimes in December 2012, at the Registrar General’s office, Ministry of Justice wilfully procured the registration of a ‘deed of gift’ in the names of Lamin Trawally, knowing or having reasons to believe that the registrations were false.

On count 2, Lawyer Bory S. Touray was accused of making documents without authority and the particulars of offence read that in December 2012, at the Registrar General’s office, Ministry of Justice, he was alleged to have made five ‘deeds of gift’ without lawful authority.

On count 3, the second accused person, Lawyer Cherno Marena, was accused of neglect of official duties, and the particulars of offence revealed that in December 2012, at the Registrar General’s office, Ministry of Justice, he was alleged to have wilfully neglected to perform a duty imposed on him by the law, under Section 10 Chapter 57:01 of the Land Registration of Deeds Act for acknowledgement of the registration of deeds presented to him by Lawyer Bory S. Touray.

On count 4, the two accused persons are charged with conspiracy to commit misdemeanour and the particulars of offence stated that Bory S. Touray and Cherno Marena, are alleged to have conspiredamong themselves to wit: register the following deeds of gifts (1) S.R. No. 375/2012,Ref. 31PD; (2) S.R. NO. 671/2012, REF. 75PD; (3) S.R. NO. 356/2012,REF. 31PD; (4) S.R. NO. 355/2012, REF. 31PD and (5) S.R. NO. 354/2012,REF. 31PD in the names of Lamin Trawally without his consent, knowledge and authority. 

Author: Rose Zahra Gomez and Fatou B Cham
Source: Picture: Cherno Marenah