Apr 3, 2014, 9:18 AM
One Momodou Jam Barry, who claimed to be the son of a marabout, was on 14 July 2011 arraigned before Magistrate Ngube of the Kanifing Magistrates’ Court for obtaining goods by false pretence.
He pleaded guilty when the charge sheet was read to him.
Cadet Inspector Touray, the prosecuting officer, then rose and narrated the facts of the case.
When Magistrate Ngube asked the accused whether what the prosecutor narrated to the court was what happened, the accused said some of it was correct but some was not.
He started putting up his defence.
The magistrate then told the prosecutor that what the accused was narrating was an indication that he was not guilty.
He, therefore, entered a “not guilty” plea for the accused person, and asked the prosecutor to call his witnesses to prove his case.
Cadet Inspector Touray then called his first witness, one Oumie Jallow, to testify against the accused person.
In her testimony, the witness told the court that she lives in Serrekunda, and is an Arabic Islamic student, adding that she could recall what happened on 24 June 2011.
She narrated that on the said date, the accused person met her and her friend, one Mariama Jallow, at Safideen junction, and called their attention.
She further adduced that the accused told them that he was looking for his father, adding that she told him that she did not know his father.
She said one boy then passed by, while they were standing with the accused, adding that the accused told them to ask the boy whether he knew his father.
She said the accused pleaded with them to talk to the boy, so that he could help him to trace his father.
She further testified that she told the boy to help the accused, but he said he was busy and could not help him.
The witness adduced that the accused said he knew the reason why the boy said he was in a haste.
She revealed that she asked the accused why, and he said the boy’s sister was in hospital where she would deliver twins.
She indicated that while they were about to go, the accused thanked them and told them that, by the help of God, he would do something for them, adding that he promised that he would give them some charms to rub on the body and a ring to wear to protect them from bad people.
She further testified that the accused convinced them and they followed him to Manjai kunda where he told them to hand over their mobile phones to him, stating that her friend gave two mobile phones to him, but she refused to give him hers.
The witness adduced that the accused then told her that if she gave him her mobile phone, she would benefit from the charm he was going to give to her, adding that she succumbed and gave him her mobile phone.
She further told the court that the accused then asked her to move along and asked the boy to stand and wait, adding that she moved for a short distance and stopped and asked the accused to give her mobile phone but the boy told the accused that the mobile phone was with him and would not give it back to her.
She said that she later collected her mobile from the boy, and gave it to her friend, Mariama, stating that the accused asked her to move further to a junction and wait there and listen to the charm.
The witness said she moved towards the junction, and when she turned back, she did not see them again.
She stated that she went home to look for Mariama, but could not find her, adding that she later saw her coming and she was not carrying any mobile phones, and her friend informed her that the accused and the boy went away with the mobile phones.
She concluded by telling the court that her landlord informed her that the accused was subsequently arrested, and that she made her statement at the Serrekund Police Station.
Her friend, PW2, also narrated the same story.
The case continues.