The
Kanifing Magistrates’ Court presided over by Magistrate Hillary Abeke Monday
acquitted and discharged one Sanju Kumar, an ex-accountant at Copri
Construction Company, who was accused of stealing a motor vehicle.
In
his judgment, Magistrate Abeke summarized the evidence of the prosecution
witnesses and that of the defence, and said the issue to be determined was
whether the prosecution had proven its case beyond reasonable doubt.
He
said it is common in law that in a criminal trial the ingredients of an offence
charged must be proven to the satisfaction of the court.
On
a charge of stealing, ownership of the property must be established, adding
that in this case it was alleged that the accused stole a vehicle belonging to
the Sheriff Division.
Magistrate
Abeke further stated that the prosecution did not tender any document of
ownership, adding that the court could not guest or speculate on the ownership.
He
said the prosecution did not lead any evidence to show that the said vehicle
was not owned by the Sheriff Division, but was supposed to be among the
attached properties of the Sheriff Division.
He said no inventory, judgment being enforced
neither a writ of attachment of Copri Construction Company were presented in
court.
The
prosecution had failed to prove the material evidence, and mere likelihood was
not sufficient to prove a case.
Magistrate
Abeke further stated that the prosecution had woefully failed to secure the
conviction of the accused person, and he, therefore, acquitted and discharged
the accused accordingly.
The
charge sheet stated that some time in July 2015, at Fajara Cape Point in the
Kanifing Municipality, she stole a motor vehicle registration number BJL 0319 J
marked Mitsubishi, the property of the Sheriff Division.
