Sanjay Kumar, the managing director and Chief Executive Officer of SRN Steel Ltd, which manufactures steel and is located in the Kombo Central District of the West Coast Region (WCR) has been dragged to court by Banjul Oxygen company for reportedly stealing 19 gas cylinders, valued at D161,000.
The accused is charged with stealing contrary to section 252 of the Criminal Code Volume III of the laws of The Gambia. He is charged for stealing 19 gas cylinders valued at D161, 000 being the property of Banjul Oxygen.
Sheriff Grant, who is PW1 made this statement yesterday while continuing his evidence in chief before her worship Magistrate Faal of the Kanifing Magistrates’ Court.
In his testimony, Grant said: “The oxygen cylinders were later taken from the site of the SRN Company to the Brikama Police Station and that was where the SRN manager was processed by the police. The case was later transferred to the Banjul Police Station.”
Afterward, Mr. Kumar and his chairman later come to office at Kanifing for negotiations. During the negotiations process, the SRN CEO admitted to committing crime,” the witness told the court.
However, the counsel for the accused person, Y. Senghore interjected and objected to the witness’ submission that “her client admitted of committing a crime, while referring the court to section 31 of the Evidence Act and sub-sections one and two of Section 31 of the Evidence Act.
She claimed that the said section has stated the requirement of how a cautionary statement should be written by the accused person, claiming that such statement should be taken or recorded in the presence of an independent witness.
“My lady, we submitted that the so-called evidence given by the witness was not in the presence of an independent witness or a police officer, thus we urge the court to discard such evidence.”
Meanwhile, the prosecuting officer, Sub-Inspector Lamin Jammeh, said: “My lady in a nutshell, the witness told the court that the accused person and some other people came to our office and appealed. During that, he admitted to committing a crime. The witness never goes further to suggest that it was written. He is merely mentioning what the accused person tells him. We understand that the witness is not an authority, but the witness can say what the accused person told him.”
“We therefore urge the court to allow that portion of the witness’ evidence to continue because it doesn’t contravene section 31 of the Evidence Act and Sub-section one and two of the same Evidence Act.”
After listening to both arguments from the defence counsel and the prosecutor, the presiding Magistrate Faal ruled in favour of the prosecutor, saying that the witness is giving a factual narration of what transpired between him and the accused person. Accordingly, the narration that Mr. Kumar admitted to committing a crime shall be taken.
Continuing his testimony, Mr. Grant added: “After our first and second meeting with the management of the SRN Steel Company, another date was agreed for us to have another meeting but unfortunately the meeting never happened. That was the time the management of Banjul Oxygen took a decision and went back to the police and informed them that we wanted the matter to go to court.”
“Mr. Kumar and SRN were later charged by the police. After they were charged by the police, Kumar gave the police a cheque for the 19 bottles. The cost of each bottle was in our evidence. However, when our management were given the cheque, we said no to it because the amount involved was different from what SRN and Mr. Kumar wanted to pay,” he posited.
The case was later adjourned to 24 of July and 14 September 2023.
