May 29, 2017, 10:45 AM
Following the addressed made by defence counsel, Riley, in defence of his client, one Abdoulie Jarra, who is standing trial for allegedly stealing 7000 bags of cement from his former employer (Gampetroleum), Police Prosecutor, Mballow recently replied to the defence's submission.
In response, the inspector submitted that Section 252 is the section that defines the offence of stealing by clerk or servant. He added that both Section 252 and 245 sub-section (1) are offence-creating sections. He cited Section 113 of the CPC, to buttress his point. Inspector Mballow told the court that the objection to the charge should have been done before the plea-taking.
Furthermore, Mballow submitted that whether or not the victim (Gampetroleum) gave evidence is immaterial as far as the prosecution gave evidence.
He further indicated that it is not a rule that the complainant must give evidence before the prosecution could prove a case beyond reasonable doubt.
He cited some law authorities to back up his submission and noted that it does not matter whether the property belongs to the company.
Moreover, he submitted that the charge against the accused was not brought by Gampetroleum but by the Inspector General of Police. He noted that the charged is a charge of stealing as contained in the charge sheet.
He further stated that the prosecution did not recover any items to prove loss, noting that it was adduced by prosecution witnesses that "taking and carrying has taken place." He disclosed that they are here to prove appropriation and deprivation.
He went on to say that the defense counsel told the court that the accused was assistant to Mr. Faurd, but this was not adduced by the accused and it should be struck out.
He finally submitted that the prosecutor has proven its case beyond reasonable doubt.
Defense counsel Riley, rose up and told the court that the prosecution submitted that they are here to prove appropriation and deprivation, but nobody came from Gam Petroleum to testify. He adduced that no ownership has also been proved.
The case that was presided by magistrate Drammeh of the Kanifing Magistrates' Court was adjourned 21st July for judgement.