By Fatoumatta J Camara
Senior Magistrate Mben Faal of the Kanifing Magistrate’s Court yesterday, 9th January 2024 sentenced Alieu Baye Ceesay to a fine of D25,000 and D700,000 compensation as he was found guilty of the charges against him.
Alieu Baye, the convict was charged with a single count of stealing a motor vehicle. His particular offence read as follows “Alieu Baye Ceesay, for what you did on the 8th December 2020 within Kololi and diverse places in the KanifingMunicipality of the Republic of The Gambia, you stole a motor vehicle mark Mitsubishi Pajero with registration number BJL 4247P the vehicle valued at D450,000.00 with some valuable items inside the car such as two sunglasses valued at D15,000 and a wrist watch value at D17,000 total amount to D497,000 being the property of Modou Lamin Bah,
Before handing her judgment, Senior Magistrate Mben Faalnarrated the proceeding of the case saying the accused pleaded not guilty to the charge. the prosecution in a bid to prove its case against the accused person led evidence through seven witnesses and tendered six exhibits but one of them was rejected for want of a proper foundation being laid.
She said, on the other hand, the accused testified on his ownbehalf as DW1 and called on four other witnesses and the defence did not tender any exhibits.
However, in her judgment, she stated that “The punishment for the offence the convict is found guilty of is 10 years imprisonment as per Section 255A. I have listened to the plea in mitigation of the convict made by his counsel and I would give due consideration to the fact that the convict is a first-time offender as confirmed by the prosecution making reference to their records. The court will thus consider the above as a mitigating factors. However, the law has to take its course in which vein, I shall tamper justice with mercy, and instead of sentencing the convict to 10 years as stipulated in Section 255A, I hereby invoke S. 29(3) and S. 31 of the Criminal Code and hereby sentence the convict to pay a fine of D25,000.00 in default to serve a custodial term of one (1) year.”
In addition, “the court hereby invoke section 145(1)(a) of the Criminal Procedure Code (CPC) and award compensation in the sum of D700,000.00 given that the car in issue with the valuables said to have been inside same have not been recovered by the rightful owner been Modou Lamin Bah,” she concluded.
