D3M Theft Case Reaches Court

One Omar Ndow was on yesterday 6th July 2009, arraigned before Senior Magistrate Abdoulie Mbackeh of the Kanifing Magistrates' Court, charged with six counts of offences, including an alleged theft of three million one hundred and seventy-five thousand Dalasi (D3, 175,000).

According to count one, the accused on or about the month of February, 2009, at Marimo Sales Africell, being an agent with the said business enterprise, received in supply 106,300 scratch cards and 200 sim cards, valued at D3, 175,000, to be sold and paid and the proceeds to be paid to one Aminata Jallow (Marimo Sale Africell), which he failed to do so and instead diverted the said sum of money into his own use.

Count two states that on or about the 5th June, 2009, at the same place, the accused issued an AGIB cheque leaf no. 20031022 face value D382, 800 to Marimo, knowing that he had no such funds in his account.

According to count three, on or about the 7th June 2009, at the same place the accused issued an AGIB cheque leaf no. 20031023 face value D598, 000 to Marimo, knowing that he had no such funds in his amount.

Count four indicated that the accused on or about the 9th June 2009, at the same place issued an AGIB cheque leaf no. 20031024 face value D202, 800 to Marimo, knowing that he had no such funds in his account.

Count five states that the accused on or about the 14th June, 2009, at the same place issued an AGIB cheque leaf no.20031026 face value D639, 400 to Marimo, knowing that he had no such funds in his account.

Count six states that the accused on or about the 13th June, 2009, at the same place issued an AGIB cheque leaf no.2003102 face value D552, 000 to Marimo, knowing that he had no such funds in his account.

He pleaded not guilty on all the counts.

Defence counsel Combeh Gaye applied to the court to grant the accused bail as, according to her, the offences with which the accused was charged were bailable. She further argued that the accused was in custody since the 29th June 2009, at Kotu Police Station and also at Serrekunda Police Station and briefly at Kairaba Police Station.

She went on to say that the accused was a family man, with a wife and two children and he was the breadwinner of the family.

She stated that if the court failed to grant him bail, his family would suffer because they depend on him for their survival.

She noted that the accused had sureties who were ready and willing to sign his bail bond to secure the amount on the charge sheet which was D3, 175, 000.

Defense counsel Gaye pleaded with the court to grant the accused bail.

Prosecutor Inspector opposed the bail application by the defense counsel.

He argued that the charges were very serious offences and the sum involved was huge and if the accused was granted bail, he would abscond. He urged the court to deny the accused bail and to remand him until the end of the trial.

Defence counsel Gaye rose again and challenged that Section 19 of the constitution gave the accused the right to be granted bail. She urged the court to reject the application by the Prosecutor not to grant bail to the accused.

Magistrate Mbackeh subsequently ruled that the application by the defence counsel had some merit. He noted that investigations had been completed and the offences with which the accused was charged were bailable. He granted the accused bail on the deposition of D3, 180,000 or the provision of three Gambian sureties with landed properties within the Greater Banjul Area and that the title deeds must be deposited to the Assistant Registrar, pending the determination of the case, which was adjourned to the 23rd July 2009, for full hearing.