Mar 2, 2009, 5:27 AM
In the same vein, the court convicted and sentenced the first accused, Sheikh Tijan Gaye, on count two to a fine of D10, 000 in default to serve ten months in prison.
In her judgment, Magistrate Forgwer said the court had given the prosecution to prove the charge against the accused persons beyond any reasonable doubt.
She said from the testimonies of the witnesses, it could be seen that the accused persons did not conspire to commit the act.
She, therefore, acquitted and discharged all the accused persons on count one, which was conspiracy.
On count two, receiving money by false pretence, she said it was clear in the evidence before the court that the first accused received an amount of D100,000 promising to provide a Turkish visa to one Jainaba Jallow, the complainant.
Magistrate Forgwer further stated that the testimonies of the 2nd and 3rd accused persons were very strong, and showed that the 1st accused received the money.
She, therefore, found the 1st accused guilty of count two, and acquitted and discharged the 2nd and 3rd accused persons.
Pleading for mercy, defence counsel E. Gomez urged the magistrate to temper justice with mercy, and to bear in mind the accused’s financial status, the responsibilities on him, as well as being a first-time offender.
In handing down the sentence, the trial magistrate said she would consider his plea and would fine the accused to pay the sum of D10, 000 in default to serve ten months in prison.
She also ordered an amount of D122, 000 to be paid to the complainant as compensation.