Mar 7, 2011, 11:53 AM
Senior Magistrate Abdoulai Mbacke of the Kanifing Magistrates' Court recently convicted and sentenced one Pap Balla Baye to four months in prison or pay a fine of D2, 000 for rash and negligent driving.
Police Prosecutor 319 Jobe, who held brief for CPL 265 Trawally said that the accused person had deposited the sum of D10, 000 to the registrar of the court as fulfilment of his bail condition.
According to him, since then the accused has not been appearing in court and failed to inform the court the reason (s) of his absenteeism.
Subsequently, he made an application under Section 107(1) of the Criminal Code for the amount of D10, 000, to be forfeited to the state.
He further applied for the judgement to be delivered in the absence of the accused.
In delivering judgement, Magistrate Mbacke stated that the court had carefully considered the applications made by the Prosecutor.
He further ordered the said D10, 000, which was deposited by the accused, Pap Balla Baye, to be forfeited to the state.
Magistrate Mbacke added that the court was made to understand that the accused is a first time offender and admitted guilty to the said offence, prompting the court to exercise some degree of mercy.