Mar 23, 2011, 2:03 PM
The Special Criminal Court in Banjul recently convicted and sentenced Yankuba Jatta, Daba Joof and Saikou Gaye to three years imprisonment with hard labour each on count one, and on count two, the convicts were sentenced to 15 years imprisonment with hard labour each.
Both sentences are to run concurrently, and would commence with effect from the date the convicts were first taken into custody.
Justice Emmanuel Nkea, who delivered the verdict, stated that the accused persons were jointly charged with two criminal offences.
He said the offence stated that on 27 September 2009, the accused persons conspired and armed themselves with a wooden gun, cutlass and a knife, and then setup a checkpoint in Durumakolong area in Brikama, where they attempted to rob one Landing Jammeh, by using threats, pushing and chasing him with a weapon.
The trial judge further stated that the accused persons denied the charge and to discharge the burden of proof required in the matter of this nature, the prosecution called four witnesses and tendered exhibits.
He said the facts relied upon by the prosecution were sufficiently elicited from the testimonies of the witnesses summarized.
Still delivering his judgment, the judge stated that on 27 September 2009, PW3, a police officer, who was late for daily routine patrol on that day was on his way to join his colleague, and as he got to Durumakolong area in Brikama, he was stopped by the convicts, who had mounted a roadblock, and they requested for his wallet and his mobile phone.
PW3 managed to escape unhurt and reported the incident to the Brikama Police Station, the judge said.
He further stated that a team of officers were dispatched to the scene where the convicts were arrested and taken to the Brikama Police Station for questioning.
The wooden gun like an ornament and a cutlass that were recovered during the course of the investigation were received in evidence through PW4, as exhibits.
He stated that he had seen from the confessional statements that the convicted persons jointly formed a common criminal enterprise designed to execute a joint criminal enterprise whereby they mounted a roadblock to steal from unsuspecting road users, and this he shall hold as a fact.
The judge pointed out that the convicted persons were in possession of a cutlass, a knife and a prototype gun, and the fact that they acted jointly in executing the criminal network brings them under the ambit of section 274 (2) of the criminal code, and this he shall also hold as a fact.
Justice Nkea further adduced that from the foregoing, he was satisfied that the prosecution had sufficiently proved the offence charged under count 1, and count 2, as required by the law.
He consequently sentenced the convicted persons accordingly.