The Defence Counsel, representing the 3rd accused person Bunama Magasuba in a jewellery theft case had argued before the court that the section under which the accused is charged "is not an offence creating section."
The Counsel further submitted that his contention was that "the section under which the accused is charged with is a punishment section and not an offence creating section."
In response, the Prosecuting Officer told the court that the objection to a charge can only be raised before the plea is taken and not after the plea.
It could be recalled that, the 1st accused Isatou Corr, who is now serving her term of sentence, was said to have conspired with the 2nd accused, Sulayman Jarra, the Marabout, who pleaded not guilty and stole a vanity box containing jewellery worth D2m, being the property of one Fatima Alarmi.
The 3rd accused, Buna Mangasuba who 'pleaded not guilty' is alleged to have received from the convict, Isatou Corr an amount of D80, 000, "being proceeds of the items stolen to assist her to leave to
Magistrate Mbacke of the Kanifing Magistrates' Court adjourned the case to 17th February 2010 for ruling.
