Jun 5, 2009, 7:29 AM
Senior counsel Omar Dodou Mbye and one Sulayman Khan were recently arraigned before Magistrate Alagba of the Kanifing Magistrates’ Court charged with conspiracy to commit felony, obtaining money by false pretence and issuing false cheque.
The case resumed yesterday with the cross-examination of the first prosecution witness, Amie Dukureh, by the 1st accused person, Omar Dodou Mbye.
Q- Is it true that you did not know me before your sister wanted the property?
Q- Is it true that you know the second accused?
Q- I was not involved in the Lamin property?
Q- The agreement and the negotiation were in my absence?
Q- It was after the price agreement, the three of you came to my chambers?
Q- It was you who paid the money to me in the presence of the 2nd accused?
A- I produced the money and gave it to the 2nd accused who in turn gave it to you for your first payment, which was D95, 000.
Q- It is also true that you only came to my chambers during the payment of these amounts?
A- Only the payment took me there.
Q- I told her that I handed over D250, 000 to the owner of the property not D450, 000?
A- I narrated that you paid D450, 000 to the owner of the property.
Q- It is true that the owner of the property said he would deliver the papers within two months?
A- No, I’ve never seen the owner of the property; it was you who explained all this to me.
Q- Is it true that you demanded for D250, 000 from the money and I told you that only D200, 000 was in my custody. I gave D50, 000 to the vendor?
Q- Why did you demand for this money?
A- Because you promised to pay back the money, and you told me to exclude the owner of the compound in the issue. That was the time you gave me a cheque, which bounced.
Q- You did not take the cheque to the bank?
A- I did.
The 1st accused person subsequently made an application for the matter to proceed in chambers.
However, the trial magistrate decided that the matter proceeds in open court.
According to the charge sheet on court one, in February 2011 at Kanifing South in the Kanifing Municipality, the accused persons, Omar Dodou Mbye and Sulayman Khan, with intent to defraud, jointly conspired among themselves to commit a felony to wit fraudulently defrauding one Amie Dukureh of D450,000 for the purpose of land sale and thereby committed an offence.
The charge sheet on count two stated that, by false pretence and with intent to defraud, the accused jointly obtained an amount of D450, 000 from the said Amie Dukureh under a pretext that they knew to be false, and thereby committed an offence.
Whereas count three stated that, Omar Dodou Mbye on 19 July 2011 at Kairaba Avenue in the Kanifing Municipality, issued an Access Bank cheque N0: 00241372 with face value of D200,000 to the said Amie Dukureh, knowingly or having reason to believe that there was not sufficient funds in his account, and thereby committed an offence.