The magistrate further said since a plea of mitigation was entered for the accused by his counsel and also considering that the accused was a first-time offender as confirmed by the prosecution, magistrate M. Faal convicted the accused to pay a fine of D25,000 in default to serve a custodial sentence of one year in prison.
The presiding magistrate further awarded a compensation of D700,000 to the complainant, Modou Lamin Bah, for being deprived of using his vehicle for the entire 3 years within the trial from 29 December 2020 to the ruling date.
The magistrate further stated that the vehicle in issue had valuable items inside and had not been recovered, adding that failure to compensate the owner of the vehicle, the accused would serve two years in jail which could run consecutively with the custodial sentence in default of the payment of the fine.
It would be recalled that Alieu Baye Ceesay on 8 December 2020 within Kololi stole a motor vehicle marked Mitsubishi Pajero with registration number BJL 4247 P valued at D450,000 with some valuable items inside the vehicle. The items were two sun glasses valued at D15,000 each and a wrist watch valued at D17,000 which summed up to D497,000 being the property of Modou Lamin Bah.
Representing the Inspector General of Police, the prosecutor, Commissioner A. Sanneh, stated that in a bid to prove his case against the accused, he led evidence through seven witnesses and tendered exhibits.
However, the accused testified on his own behalf as defense-witness-one (DW1) and called on four other witnesses, but did not tender any exhibit.
Subsequently, the defence counsel Kaddijatou Jallow appealed for the court to grant the accused time within which the compensation would be paid, since they had a fine to work on.
However, prosecutor Sanneh argued that they would not oppose the application but wanted the defence to state that they would not appeal the judgment. Defence counsel disagreed with the proposed condition of the prosecutor on the premise that they work on instructions of their clients and sought the court’s discretion.
In respect of the application which hinged on Section 259(1A) of Criminal Procedure Code, Magistrate Faal rejected the proposed condition made by the prosecutor, stating that the right to appeal was a fundamental right and would not refuse the said application or put any such limitations on the right of the convict to appeal.
The court concluded that the fine should be paid within 90 days from the day of ruling with two Gambians to stand as sureties and each to deposit an affidavit of means with their valid ID cards to the Court Registrar pending the liquidation of the said sums, failure of which the custodian sentences would be executed.
