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One convicted, other discharged

Apr 14, 2010, 11:23 AM | Article By: Yusuf Ceesay

Principal Magistrate Kayode of the Kanifing Magistrates' Court on 12th April 2010 convicted and sentenced one Sahire Ceesay, to a mandatory jail term of three months for assault, causing actual bodily harm.

In the same vein, the court cautioned and discharged Hamidou Mustapha Fall upon his plea of mitigation.

In delivering judgement, Magistrate Kayode stated that the complainant, Dawda Ceesay, in his testimony informed the court that he had been contracted to sell a mobile phone for the 1st accused in return for a commission.

He added that the complainant also informed the court that the issue of a commission was what had brought about a quarrel between him and the 1st accused after the mobile phone was sold.

Magistrate Kayode further stated that the second prosecution witness in his testimony told the court that the 2nd accused, Hamidou Mustapha Fall stabbed the complainant with a broken bottle, as the 1st accused, Sahire Ceesay beat him.

Magistrate Kayode told the court that under-cross examination, the 2nd accused told the court that the complainant wanted to attack him that is why he also attacked back, while the 1st accused confessed of assaulting the complainant.

He said based on the evidence before the court, the court was satisfied that the prosecution has proven their case against the accused persons.

The Magistrate in passing the sentence stated that the court had considered the plea of mitigation made by the 2nd accused, and subsequently cautioned and discharged him, while the 1st accused was convicted and sentenced to three months imprisonment without any option of a fine.

According to Magistrate Kayode, the convict did not show any remorse of his action.

Inspector Touray represented the IG P.