Nov 13, 2009, 3:00 PM
Micheal Uwadingha, who was standing trial at the Kanifing Magistrates' Court for attempting to commit felony has been convicted and sentenced to nine months in prison, in default to pay a fine of D10, 000.
Senior Magistrate Abdoulie Mbacke in delivering the judgment stated that the court had carefully considered the testimonies of the prosecution witnesses and that of the convict.
He went on to say that the prosecution had called in two credible witnesses, while the convict called only his wife to testify. Magistrate Mbacke revealed that the convict's wife could not serve as a 'credible witness,' due to their matrimonial link.
According to him, an attempt to commit felony has been proven by the prosecution to the required standard. He stated that the evidence of the prosecution witnesses revealed that, the convict was asked by one Abdoul Cole in the UK to receive $1500 from the complainant, Muhamadou Imran Asraf under the pretext of giving him $1.8 million in return and a briefcase at Senegambia Beach Hotel. He further said that the element of defrauding the complainant has been proven by the prosecution.
In his plea of mitigation, the convict begged the court to temper justice with mercy, as his wife is under pregnancy.
In passing the sentence, magistrate Mbacke stated that the court has heard and considered the plea for leniency, but it was of the view that the convict deserved some punishment to serve as deterrent, noting that such crimes are becoming rampant in society.