Jul 8, 2015, 10:17 AM
One Absa Ndong, who was a maid to the complainant in the case, was on 16th November, 2009 convicted and sentenced to a fine of D10, 000, in default to serve six months in prison with hard labour for stealing from a dwelling house.
The convict who was found guilty of the charge was also ordered to compensate her employer the sum of D115, 350 for her missing items, in default to serve nine months in prison.
In his judgement, Magistrate Mbacke of the Kanifing Magistrates' Court stated that the court had come to the conclusion that the convict was guilty of the offence charged.
According to him, the prosecution had proven its case beyond reasonable doubt and that the elements of the offence charged have been disclosed by the prosecution's witnesses. As he put it, the gate key, Moroccan money, Jewellery, $900, 20 pound and 50,000 CFA, which were kept in the same cupboard and in the same place had shown that the person who took the gate key must have been the same person who took the said monies and the jewellery.
He went on to say that, the court has no doubt that the convict had tampered with the missing items, stating that the testimonies of the prosecution's witnesses corroborated with all the essential facts.
He stated that the testimonies of the defence witnesses were not sufficient enough to convince the court that the convict was not guilty of the offence charged, adding that their testimonies had little or no weight to support the convict's defence.
In her plea of mitigation, the convict craved the court's indulgence to temper justice with mercy.
She told the court that she is a young girl and that the person taking care of her is an elderly woman, noting that she was newly married and is yet to stay with her husband.
Magistrate Mbacke, in passing the sentences stated that the court had heard the plea of mercy by the convict, but that she deserves some punishment.
According to him, the convict was paid a very good salary and was given accommodation by her employer, noting that the court saw no reason why she should steal from her employer.