Mar 24, 2017, 12:05 PM
The court also ordered the stolen mobile phones to be returned to the owner
The case was presided over by Magistrate E. Jaiteh of the Brikama Magistrates’ Court.
The particulars of offence alleged that the convict on 7 September 2014, at Mandaur village, in the Kombo Central District of the West Coast Region, entered into the house of one Ebrima Bojang and stole the following items: one mobile phone marked Samsung white in colour valued at D3,000, one mobile phone marked Samsung black in colour valued at D2,500, one mobile phone marked Galace SQ white in colour valued at D1, 500. The total value of the items stolen was D7, 000, being the property of the said Ebrima Bojang.
In his judgement, the trial magistrate told the court that the accused person was arraigned before the court on 23 March 2015 and he pleaded not guilty to the charge alleged by the prosecution.
To discharge the burden of proof required in this case, the prosecution called four witnesses and tendered three mobile phones that were allegedly stolen by the accused person, as well as his voluntary and cautionary statements.
Prior to the prosecution closure of their case, the accused escaped from lawful custody on 13 April 2015 whilst the trial was in progress.
The accused was arrested on 19 August 2015 and appeared for trial on 26 August 2015 and the prosecution closed their case at that juncture.
He said the accused changed his plea of not guilty to guilty and the prosecution adopted the evidence of the prosecution witnesses as the facts leading to the commission of the offence alleged.
The accused admitted to the evidence led by the prosecution witnesses as the truth leading to the commission of the offence, he said.
“It is trite law that facts admitted need no further proof,” stated the magistrate.
He added that the accused in his voluntary statement confessed to the offence alleged by the prosecution and narrated in his cautionary statement of how he stole the three different types of mobile phones from Ebrima Bojang’s dwelling house.
“Since the accused voluntarily admitted to stealing in a dwelling house of Ebrima Bojang, I have no other option other than to proceed and convict the accused person on his own guilty plea,” said the magistrate.
“Consequently, I find Malanding Dampha guilty as charged and convict him accordingly,” he added.
The convict, in plea of mitigation, said: “I am begging the court for mercy and I am the first son of my mother. I am too young to be jailed. I will never repeat this offence again, and this is the first time I have been in court. I regret what happened and I am appealing for forgiveness, and I will never re-offend again.”