Magistrate Jallow of the Kanifing Magistrates’ Court recently ruled in favour of the prosecution in an application filled by the defence counsel to discharge the fourth accused person.
Mbye Kebbeh, the fourth accused person, is jointly charged with Omar Gassama, Karamba Ceesay and Edrisa Camara for theft and receiving stolen property.
In his ruling, the presiding magistrate told the court that the application for the fourth accused to be acquitted and discharged for miss joiner is the subject for the ruling.
“With regard to miss joiner the law is very clear on that,” said the magistrate, citing various authorities in support of his ruling.
He also stated that counsel’s objection came too late, noting that the objection should be made immediately the charge sheet was read to the accused.
He consequently dismissed the defence counsel’s application and adjourned the case till 20 June 2011.
According to charge sheet on count one, the accused persons, Omar Gassama, Karamba Ceesay and Edrisa Camara on 17 March 2011, at Sankung Sillah & Sons Company Ltd, stole machines spare parts and iron pipes valued at D174,900, the property of Sankung Sillah & Sons Company Ltd.
Count two alleged that Mbye Kebbeh, on 20 March 2011, at Bambo Cement, received machine spare parts and iron pipes from the 1st ,2nd and 3rd accused at a price of D800, knowing or having reason to believe the items to have been stolen or unlawfully obtained.
