Magistrate Lamin George of the Kanifing Magistrates’ Court on 13 December 2010 discharged and acquitted one Mutharr Cham, a marabout, who was alleged to have received D125,516 from Yasanu Jobe, the complainant, to pray for her to succeed in life.
In his judgement, Magistrate George told the court that the accused was charged with the offence of obtaining money by false pretence and the prosecution had called in four witnesses to testify.
He said the accused was alleged to have received D125,516 from the complainant, Yasanu Jobe, to pray for her success.
Magistrate George told the court that the complainant’s testimony was contradictory, adding that after going through the testimonies of the prosecution witnesses, no false pretence was committed by the accused.
Further on his judgement, he revealed that the suitcase, mentioned in the court, was not tendered.
“The prosecution has failed to prove its case beyond reasonable doubt,” Magistrate George said, adding: “This court does not find the accused guilty and as a result, he is hereby discharged and acquitted.”
The trial magistrate ordered the prosecuting officer to give the D6,500 to the complainant, which was paid by the accused’s relatives.
