By Nicholas Bass
Muhammed Krubally was on Tuesday convicted of stab and sentenced to a fine of D5000 by Principal Magistrate Muhammed Krubally of Banjul Magistrates’ Court and as well to compensate his victim with D25,000 in default to serve one-year imprisonment.
Seedy Mbye was convicted and sentenced for stabbing MorrSowe with scissors in his face and head.
Magistrate Krubally recalled the confession of Seedy Mbyesaying the accused, Seedy Mbye, voluntarily confessed and by extension confirmed the prosecution’s facts to be true and accurate.
“It is on this that I entered judgment in favor of the prosecution against Seedy Mbye “, Magistrate Krubally stated.
He said his reason for entering judgment in favor of the prosecution was dictated by the trite principle and analogy which states that facts unchallenged by anyone who did not controvert same shall be regarded by the courts as facts established.
Therefore, “It is clear on the record that Seedy Mbye did not contradict the facts against him and thus the charge against him is indeed established,” Magistrate Krubally declared.
He went further that in the light of the foregoing and having Mbye guilty as charged he has considered the nature of the charge, Mbye’s plea of guilty, and prosecutor Jatta’s information that stated Mbye was a first-time offender.
Therefore, “I hereby exercise my statutory, judiciary, and judicious discretion to invoke Section 29 of the Criminal Code and consider imposing an option of fine on Seedy Mbye.
“I hereby order that convict Mbye to pay a fine of D5000 in default to serve 6 months in prison.”
He also ordered Mbye to compensate the victim, Morr Sowewith D25,000 in default to serve one year imprisonment.
“The sentence term shall run consecutively,” he ruled.
