Magistrate
Tabally of the Kanifing Magistrates’ Court on 21 November 2013 convicted Alieu
Gibba, Malick Bojang and Lamin Bojang on two counts of conspiracy and stealing,
following their plea of guilt.
George Williams, the fourth accused, pleaded guilty to count one and not guilty to the other.
He was granted bail of D300,000 with a Gambian surety who should deposit an ID card with the court and swear to an affidavit of means.
Alieu Gibba, Malick Bojang and Lamin Bojang were sentenced to a fine of D10,000 each on count one in default to serve six months in prison with hard labour.
On count two, they were sentenced to a fine of D25,000 each in default to serve two years in prison. Both sentences would run concurrently.
They were ordered to pay the fines within thirty days failure of which they would be committed to prison.
They were granted bail of D100,000 each with a Gambian surety who should deposit an ID card to the court and swear to an affidavit of means.
The prosecuting officer, Sub-Inspector K. Gibba, when asked to give the facts to the court, told the court that all the accused persons were taken to Kanifing Police Station and when they were confronted, they admitted to the offence.
He said cautionary and voluntary statements were obtained from them, and they were finally charged with the offence.
In their mitigation, the first accused begged for mercy. He said it was because of hardship he committed the offence, adding that he is the breadwinner of his family.
The second accused also begged for mercy, saying he committed also the offence because of hardship.
In his mitigation, the third accused said he was not employed for the past nine months, and that his wife was pregnant.
He added that his mother is an elderly person who is taking care of six of his sisters.
He said his father is no longer working and he, the accused, is sick. He begged the court to temper justice with mercy.
The fourth accused also said he is the breadwinner of his family and begged the court to exercise its power to forgive him.
Magistrate Tabally, in his judgement, told the court that all the accused persons were first-time offenders who had shown remorse, courage and honesty without wasting the court’s time.
He said he heard their plea of mitigation and would not give them custodial sentences, adding that the offence would not be taken lightly.
He stated that he would give them severe penalty to serve as a deterrent. As a result, he sentenced them accordingly.
The IGP stated in his particulars of offence on count one that Alieu Gibba, Malick Bojang, Lamin Bojang and George Williams on 17 November 2013, in the Kanifing Municipality, conspired among themselves to break the store of Gambia Electrical Company Ltd.
Count two indicated that the four accused persons on the same day and place broke and entered the store of Gambia Electrical Company Ltd and stole items valued at D268,750.
The case was adjourned till 4 December 2013, to try the fourth accused on count two.
