The sentences shall run concurrently, beginning from the date of detention.
Given the substantial loss suffered by the victim institution and the non-recovery of the stolen items, the court further ordered that a compensation of D1,000,000 be paid to the victim institution in default to serve two years imprisonment.
When the convict was first brought to the court, he was charged with breaking into a building and committing a felony contrary to Section 258(A) of the Criminal Offences Act, 2025, and theft contrary to Section 226 of the Criminal Offences Act, 2025.
According to the first prosecution witness, Yusupha Jammeh, he is the Chief Security Officer of the National Audit Office. He stated that on the 24th April, 2025, he was alerted by a cleaner at their office in the morning that the IT office was all scattered.
He said that the IT personnel also went to him, indicating that eight laptops were taken away from their office, 5 of which were in good condition while the remaining 3 were not.
He further narrated that the convict jumped over the fence and entered through the window. He adduced that he was then instructed by his boss to report the matter to the police station which he did at the time.
The second witness, Foday Joh, told the court that he is an IT security support at the Audit Office. He posited that it was the cleaner who informed him that he found the office all scattered with trash and papers everywhere.
He stated that at the time of leaving the office the day before, everything was well packed. He testified that it was at that moment that he went into the office and realised that his drawer was open and his black-coloured laptop marked Lenovo X1 Cabon was missing.
His immediate supervisor came and reviewed the CCTV and that was when they realised someone entered the office. He further narrated that prior to the incident, he was working on two other laptops which were also missing from his desk.
He adduced that his supervisor, Alieu Jaiteh, also reported that his laptop was also not seen.
He adduced that a total of 8 laptops were missing and the incident was reported to the Kairaba Police Station, and that the CCTV footage was downloaded and stored in a flash drive which was given to the police. He added that after weeks of follow-ups, the police called, saying the convict had been apprehended.
Foday Joh further told the court that the convict at the police station stated that he was coming from the beach drunk and was in search of money which prompted him enter the building of the National Audit Office, and when he could not find any money, he took the laptops instead.
The third witness, Mbye Cham, gave out similar testimony.
The convict, in his defence, said he was arrested at the Latrikunda Sabiji Market and was taken to the police station. At the police, he added, he was shown a video footage suggesting it was he which he denied.
He stated that it was at that juncture that he was threatened and was informed that they knew the person the items were sold to. He posited further that he was out of the jurisdiction at the time the alleged offence was committed.
The presiding magistrate, having cited some powerful authorities to support her judgment, told the court that PW1, PW2 and PW3 stated that the convict did confess to the commission of the crime and this was not shaken under cross-examination by the convict.
“The testimonies of PW1 and PW2 were indeed corroborated by PW3 and the video footage tendered in court. The witnesses further identified the accused to be the person in the footage. Since the accused is not a member of staff of the National Audit Office, what was he doing at the said office at 3 am? He never stated the reasons neither gave any explanation as to why he was there,” she went on.
She said that the video footage captured the convict entering the said office, as narrated by PW3 and this was not denied by the convict.
“The accused confirmed under cross-examination that he is fair in complexion and the one in the video is dark in complexion. The court, having watched at the video, can confirm the individual in the video is indeed fair in complexion and is the accused person, based on the sequence of the prosecution witnesses and their narration.
The court is left with no doubt that the accused is the one that indeed broke into the building,” the magistrate asserted.
She further told the court that the convict denied being the person seen in the footage but did not call any witness in support of his denial nor did he substantiate his alibi.
“Again, PW3 testified that upon interrogation of the accused at Kairaba Police Station, the accused stated that he pushed open a sliding window, entered the office, searched for money, found laptops instead, placed them in a bag and sold them at the black market at D4,500 each,” said the presiding magistrate.
She added that the court was of the firm belief that the sentence imposed must serve as a punishment and at the same time deterrence to the convict and like-minded persons from targeting public institutions and also to reflect the court’s intolerance for organised crimes.
ASP Touray, well prepared to prove the case beyond reasonable doubt, represented the IGP.
