May 12, 2011, 2:47 PM
The particulars of offence stated that Sheikh Omar Baldeh, in July 2013 at diverse places in the Kanifing Municipality, with intent to defraud obtained the sum of $2,600 equivalent to D104, 000 from one Kambakary Saidy with the pretext of securing a Schengen visa for Musa Ceesay and Saikou Samateh, nephews of the said Kambakary, knowing that such a representation was false and untrue, and thereby committed an offence.
In his judgment, Magistrate Njie said the issue to be determined by the court was whether the prosecution had proved the charge against the accused beyond reasonable doubt.
“False pretence is defined by section 287 of the criminal code as any representation made by words, writing or conduct, of a matter of either past or present, which representation is false and which the person making it knows to be false or does not believe to be true”, he said.
Magistrate Njie said from the totality of the evidence adduced before the court, it was not in dispute that the accused person received $2,600 for the purpose of acquiring visas for the complainant’s nephews and it was a fact that the visas were never acquired.
Thus the prosecution had proved that the accused did collect monies from the complainant and failed to provide the visas for them, he added.
The accused did not lead any evidence whatsoever and did not convince the court that he did not falsely make any pretence and was capable of securing visas to the complainant, or to any other person, the magistrate stated.
“I hereby convict and sentence him to a fine of D10, 000 failing to pay, he would serve five months in prison,” concluded magistrate Njie.