Magistrate Ibrahim Kijera of the Bundung Magistrates’ Court recently convicted and sentenced one Abdoulie Adams to pay a fine of D 5,000 in default to serve 6 months in prison for breaking.
He was also given a suspended sentence of one year, in default to serve 1 year in prison and ordered to pay a compensation of D6,000 in default to serve 3 months in prison.
His co-accused, Yaya Njie, was acquitted and discharged.
Delivering his judgment, the trial magistrate pointed out that in challenging the plea of the accused persons, the prosecution called two witnesses in support of their case, while the 1st accused, Abdoulie Adams, called one witness in support of his defence, and the 2nd accused, Yaya Njie, did not call any witness in support of his defence.
He added that by going through the evidence, the prosecution had proven that PW1’s workshop was broken, which happened in July 2013, and both PW1`and PW2 identified the palmtop in question.
The fact of the issue before the court had been established by the prosecution, he said.
He revealed that the 1st accused, in his defence, stated that the items found in his possession were given to him by the 2nd accused in the presence of three witnesses.
Out of the three witnesses, he continued, the 1st accused was able to call only one, who did not tell the court that the 2nd accused gave the palmtop to the 1st accused in his presence, and could not also say the type of tape recorder the 2nd accused gave to the 1st accused.
The evidence of the witness called by the 1st accused did not corroborate his evidence, he said, adding that the items were found in the possession of the 1st accused and therefore, he was the actual thief and he did not discharge the evidential burden that the said property were given to him by the 2nd accused.
Magistrate Kigera added that the evidence of the defence’s witness only mentioned a tape recorder which was not even part of the case.
He therefore acquitted and discharged the 2nd accused, Yaya Njie.
He however found the 1st accused guilty as charged.
His defence counsel, Babucarr Secka, in mitigation, told the court that the convict was a first-time offender and appealed to the court not to impose a mandatory jail term on the convict.
Counsel Secka urged the court to temper justice with mercy.
