Nov 22, 2012, 9:48 AM
The criminal trial involving senior lawyer and co resumes recently at the Kanifing Magistrate court with the testimony of one Yankuba Darbo.
He told the court presided over by Magistrate Alagba that he went to Lawyer Mbye’s office with one Nyaranding alongside Amie, where the second accused met them.
“There I asked Sulayman whether the amount of D450, 000, which was given to him, was accompanied with received receipts. Then he said he is his solicitor. ” The witness further testified.
He told the court he informed the second accused Sulayman that the money had been paid to the seller but still the buyer could not get access to the said land.
“There the second accused said to him that they were still on the process and then the buyer had asked for his money back,” he said.
According to the witness, he asked Mr. Mbye if he could get back the money and Mr. Mbye said he would get back the said money on 5 July 2011.
He said Mr. Mbye promised to pay the money on 12 July adding that on the fateful day the 1st accused handed over a cheque to them.
He further testified that Lawyer Mbye said to him the cheque would be cashed that coming Tuesday.
He said the date of 29 July was written on the back of the cheque, adding that after going through the cheque he suspected there was foul play (inaccuracy).
He adduced that at that stage lawyer Mbye tore the said cheque and handed him another cheque.
The witness said he later enquired from lawyer Mbye what would happen if the said cheque bounced back and the 1st accused said the law would take its course.
He added that on that Tuesday, he called Amie asking her if she had taken the cheque to the bank, and Amie replied in the affirmative saying the said cheque had bounced back.
The witness said he told Amie to report the matter to the police.
Under cross-examination, when Mr Mbye told the witness that he did not come to his office before the issue took place, the witness said he did not.
He told the court he has never involved himself in such transactions, adducing that he was not there but was informed about the transaction.
Mr. Mbye also told the witness that he never spoken to him about the bounce cheque, but the witness insisted that he was the very person who told him about the cheque.
Mr. Mbye further told prosecution witness that it was not Sulayman who took the cheque to the bank and replied to him, saying it was Amie who took it to the bank.
“I am putting it to you that all you have said in court is false.” Lawyer Mbaye posed another question but the witnesses maintained that all he said in court was the truth and nothing but the truth.
The case was adjourned till 16 November for evidence of defence.