Barry was earlier arraigned and charged with malicious injuries to property contrary to Section 312 of the Criminal Code.
Prosecutors alleged that on the 13th September, 2022, at Latrikunda German, in the Kanifing Municipality of the Republic of The Gambia, he willfully and unlawfully broke the rear windscreen of a motor vehicle with registration number BJL 2617 S valued at D10,000 by stoning it. He accepted responsibility.
Before the magistrate passed sentence, the owner of the vehicle told the court that he had forgiven the accused. He further stated that the accused once had a similar issue and he was the one who intervened and settled the matter. “Your Worship, the accused is my co-worker,” the complainant told the court.
The prosecuting officer, Sub-Inspector Jammeh, informed the court that the accused is a habitual offender. He further said that the accused had some cases which were settled at police level. “The court should not let him go free. We have wasted our resources to bring him to court. He should be punished to deter others from committing similar offences,” Prosecutor Jammeh stated.
At this juncture, the magistrate warned the accused to stop drinking alcohol, since he misbehaves the moment he gets drunk. “You heard what the prosecutor has said. You should be punished for your action,” stated the magistrate.
Barry, the accused, then told the court: “I beg the court to temper justice with mercy. I will not do it again. In fact I am from a religious tribe and we do not drink alcohol. We also have respected religious leaders. I will not go to Jakaranda and Bulfaleh bars anymore. I am married with my wife and children. I am agricultural project coordinator and I am contributing to the development of the country. I don’t know what has befallen me.”
He was subsequently convicted and sentenced to a fine of D2,000 in default to serve one month imprisonment.
The complainant himself paid the fine.
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