Jul 29, 2008, 12:03 PM
In the first case, the accused is charged with stealing contrary to section 245(1) and punishable under section 252 of the Criminal Procedure Code (CPC), cap. 10, volume III Laws of The Gambia 1990. According to the particulars of the offence "the accused, Mr. Ansumana Marena, in December 2003 at Arab Gambia Islamic Bank(AGIB) in the city of Banjul stole the sum of D13, 587, 782.41, the property of Julakay Construction and Engineering Company Limited.
However no sooner the charge was read than the defence counsel, Lamin Camara, objected, saying that the section under which the accused was charged is a "defined section and not a creating offence section" and therefore the accused could not be charged under that section. He said the charged is bad in law and is unattainable.
In response the police prosecutor, ASP Touray, said that the charge against the accused is perfect and urged the court to overrule the defence counsel's objection and allow the accused to take his plea. The first case was at that juncture adjourned for ruling on the defence's objection.
Meanwhile in the second case the accused, Ansumana Marena, was charged on three counts of "stealing, making false documents and uttering false documents.
On count one, the particulars of the offence revealed that Ansumana Marena in the month of January 2006 in th city of Banjul and diverse places stole an L200 Mitsubishi vehicle bearing registration number BJL 4695 B, valued at D600,000, the property of Julakay Construction and Engineering Company Limited.
On count two, the particulars of the offence stated that the accused on 18thJanuary 2006 at Julakay Construction and Engineering Company Limited, Kanifing Municipality, made a document dated 18thJanuary 2006, and addressed to the Inspector General of Police which he knew to be false or does not believe to be true.[endif][endif]
On count three the particulars of offence read that on the 18thJanuary 2008, at Julakay Construction and Engineering Company Limited in the Kanifing Municipality knowingly and fraudulently presented a false document dated 18thJanuary 2006 to the Licensing Authority with the intention that it will be acted upon as genuine.
The accused denied the charges.
Meanwhile in the second case he was granted court bail in the sum of D500,000 with two Gambians sureties with landed property and in genuine employment.
Hearing continues on 30thJuly 2008.