May 14, 2010, 4:16 PM
Magistrate Omar Cham of the Brikama Magistrates’ Court recently convicted and sentenced Chana Jallow, Momodou Bah and Dawda Dampha for the offence of criminal trespass, and fined them D1,000 each, in default to serve one year imprisonment.
They were also ordered to pay a compensation of D500 to the complainant, Yerro Jallow.
Delivering his judgment, the presiding magistrate told the court that the particulars of the offence stated that in 2014, at Jambanjelly village, the accused persons entered the cashew farm of one Yerro Jallow with intent to intimidate or annoy him.
They pleaded not guilty and the matter went to trial. The police prosecutor called three witnesses.
The prosecution witnesses did not mention that the complainant was assaulted, and the prosecution did not tender any medical certificate indicating that the complainant was assaulted, neither did they tender any cashew nuts stolen by the accused persons.
The accused persons in their testimony denied the assault and stealing, but agreed they had entered the farm of the complainant. They said they did not know the farm belongs to Yerro Jallow.
The complainant chased them, but they did not assault him.
Consequently, all the accused persons were acquitted and discharged on the offence of stealing and common assault.
However, even though the accused persons did not steal from the farm, they both confirmed that they entered the farm.
The accused persons did not have a right to enter somebody’s property without any authority from the individual.
Consequently, the court convicted and sentenced them for the offence of criminal trespass.