By Kemo Kanyi
Principal Magistrate Anna O. Mendy of the Brikamamagistrates’ court has remanded four accused persons on charges of conspiracy, breaking and stealing.
The four accused persons in the name of: Ebrima Badjie, ModouLamin Sabally, Muhammed Faye, and Cherno Colley are facing three counts.
ASP Buteh Sawaneh represented the Inspector General of Police while the accused persons were not represented by counsel during plea taking.
The first count charged is ‘Conspiracy to commit felony’ contrary to section 368 of the criminal code of the Gambia.
According to the particulars of offence for count one, the quadruple accused persons conspired among themselves to commit a felony to stealing and house breaking. The alleged incident happened in Brikama Newtown, Kombo Central, on the 23 of April 2024.
Section 368 of the Criminal Procedure Code says any who conspired with another to commit any felony which is offence under the laws in force, is liable, if no other punishment is provided, to imprisonment for seven years, or, if the greatest punishment to which a person convicted of the felony in question is liable is less than imprisonment of seven years, then to such lesser punishment.
Count two is ‘House Breaking’, contrary to section 281 (1) of the CPC. This section states: “Any person who breaks and enters any building, tent or vessel used as a human dwelling with intent to commit a felony therein, is guilty of a felony termed housebreaking and is liable to imprisonment for seven years.
The particulars of offence revealed that the four accused persons broke and entered into the house of one Louis Mendy with intent to commit felony therein
Stealing, thereby committed offence. The incident took place in Brikama Newtown on 23 April 2024.
The third count charged is stealing contrary to section 252 of the CPC.
As revealed by the particulars of offence on the third count, the accused persons allegedly stole an I pad valued at $1005 equivalent to D70,350, IPhone 14 valued at $1002 equivalent to D70,140, IPhone 8s valued at D14,000, Laptop marked COMPAC valued at D8,000, Laptop marked DELL valued at D58,000, a power Bank valued at D500, Itel phone valued at D3,500, Techno Pop 4 valued at D8,000 and fiscal cash amounting to D190,000. A total of D422,490.00 being the properties of Louie Mendy, Michael Mendy, Samuel Mendy, and Uppa Silver, thereby committed offence.
Section 252 of the criminal code of the Gambia said: “Anyone who steals anything capable of being stolen is guilty of the felony termed theft, and is liable, unless owing to the circumstances of the theft, or the nature of the thing stolen, some other punishment is provided, to imprisonment for five years.”
All the accused persons denied the liability of the three counts of charges preferred against them.
ASP Buteh Sawaneh sought adjournment and informed the court that the prosecution is objecting to the bail of the accused person because all the accused persons are currently standing trial on similar charges at the Brikama magistrates’ court, and if they are granted bail they may have the opportunity to commit similar offences again. He further told the court that the lives of the accused persons matter so they can be safe from those they offended. If they are released on bail, they may also tamper with investigation into the matter.
Principal magistrate Anna O. Mendy remanded all the accused persons and adjourned the matter to the 7 May for possible commencement of the trial.
