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Defence opens in willful damage to property case

Apr 24, 2015, 9:53 AM | Article By: Yai Dibba

One Momodou Krubally, accused of willful damage to property, recently opened his defence at the Brikama Magistrates’ Court before Magistrate Isatou Janneh.

The particulars of offence stated that the accused, Momodou Krubally, in February 2015, at Dasilameh village, in Kombo Central, willfully and unlawfully damaged the erected fence valued at D1,910, belonging to one Tabally Bojang.

In his evidence-in-chief, Krubally told the court that he is a farmer and could recall the said date when the incident happened.

According to him, Bah Kunda compound belonged to one Bubacarr Bah, whose last daughter was married to the former Minister of Local Government, Ismaila Sambou.

He said the reason they left the said compound was because during the road construction, they demolished Bah Kunda compound and separated Bojang Kunda compound.

They constructed the road between the two compounds and two days after this incident, he saw one Kawsu Bojang constructing his fence towards the Bah Kunda fence, he said.

The fence came up to the border and bent towards his house, he said, adding that he encroached two meters from Bah Kunda compound and attached it to his fence.

He said that when he (the accused) saw that, he went to one Binta Jallow and told her to go and tell Kawsu that he had encroached two meters from the compound of Ba kunda, but according to Binta Jallow, Kawsu denied it.

They also told her to go and report the matter to the Alkalo but when Binta Jallow came back from the Alkalo, she told them that the Alkalo did not entertain her, he said.

He said they went to the Police Station at Dasilameh and reported the matter, and Binta remained at the police until in the evening.

He further told the court that one Ismaila told him to go with him to the police to see Binta, because since she went to the station, she had not returned.

On their way to the police station, they saw Tabally Bojang and the two PIU officers together with the Alkalo on the said land where he was alleged to have felled down the fence, Krubally told the court.

Ismaila Sambou told him to go with him to meet the complainant and the Alkalo together with the officers, he said, adding that upon arrival at the said land, Ismaila confronted the Akalo and Tabally Bojang.

There was push and pull and he (the accused) held Tabally Bojang’s hand and took him to his compound and also took Ismaila to his compound, he added.

He said that during the push and pull, someone used abusive words against him (the accused) but he did not know the person, which made him to be angry and he decided hit the said fence and felled it.

According to him, when he felled the fence, the PIU officers told them to go to Dasilameh Police Station and they were later referred to the Brikama Police Station.

He said that at the police station, Kawsu told the police that he (the accused) felled their fence and he was detained and the police later cautioned and charged him, and he was given bail.

Under cross-examination by police prosecutor Chief Inspector Camara, the accused person told the court that before the arrival of physical planning, he had felled the fence down because they had sent a report to the physical planning but they were yet to get a feedback from them.

He also told the court that it was true the physical planning should have been the ones to fell the fence.

He agreed that he felled the fence down but the area he felled was in Ba kunda.

The case was adjourned till 27 April 2015.