By Kemo Kanyi
The Principal Magistrate Anna O. Mendy of the Brikama Magistrates’ court has sentenced one Ablie Ceesay to a fine of D25, 000.00 and ordered a compensation of D385, 000.00 to all his victims.
The convict is charged and convicted under section 288 of the Criminal Code Cap. 10.01 Vol. III Laws of The Gambia 2009.
The section states: “A person who by any false presence, and with intent to defraud, obtains from another person anything capable of being stolen, or induces another per
son to deliver to a person anything capable of being stolen commits a misdemeanor, and is liable on conviction to imprisonment for a term of three years.
Section 29 (2) of the Criminal Code states that a person liable on conviction to imprisonment for life or any other period for an offence against this code or against other law may be sentenced for a shorter term.
In her ruling, the Principal Magistrate disclosed that the effect of “obtaining money by false pretenses” in our community is a growing concern as victims are denied of their properties permanently by convicts. In this instant case, the convict has parted with the victims’ monies in a way that they cannot recover it knowing fully that he has no means of facilitating the said journey to Spain because the convict has disclosed to the court that he has handed over all the monies he had collected from the victims to one Muhammed Colley, the alleged boat owner who fled the jurisdiction of The Gambia. Therefore, there is a need to eliminate such unacceptable, wicked, immoral, and unlawful behaviors or attitudes.
“Mindful of the fact that the convict is a first-time offender, I am still tempted not to give him a heavy sentence. I hereby invoke my discretion provided under section 29 of the Criminal Code (cited above) and sentence you ABLIE CESSAY to a fine of Twenty-Five Thousand Dalasi (D25, 000.00) in default to serve a jail term of two years and a compensation of Three Hundred and Eighty-Five Thousand Dalasi (D385, 000.00) to all the victims in this case as per the particulars of offence. Both parties are reminded of their appellate rights,” the magistrate declared.
The principal magistrate said the ruling is the premise of the application forwarded by the defense.
“This ruling is premise on an oral motion brought by counsel for the convict pursuant to section 259 (1) (a) (b) of the Criminal Procedure Code cap 10:01 Vol III Laws of the Gambia 2009. Wherein the counsel for the applicant is praying for this honorable court to make the following orders:
An order for the convict/appellant to pay the total compensation of D385.000.00 and fine of D25, 000.00 in instalments within three months commencing from June 2024.
“That the Honorable Court should order the release of the convict upon him entering recognizance. Any such further orders that this honourable court deems it fit to make in the circumstances.
“The applicant is presently under custody at the Mile II Central Prisons. The averments are that the convict has family members who are ready and willing to support him discharge the total compensation in monthly instalment if the court is minded to grant the orders sought.”
“The applicant’s counsel moved the motion, stating that sending him to custody will cause pain to his family. He has paid the fine of D113, 000.00. He stated further that he is willing to pay the remaining balance of D297, 000.00 within three months,” she stated
Anna O. Mendy further ordered that the convict is be admitted to bail in the sum of D297, 000.000 with two Gambian sureties who shall depose to affidavit of means and tender their national biometric ID Cards or passports to the Registrar of the court.
Failure of the convict to pay the entire sum of D297, 000.000 within three months commencing from June 30 2024 to August 30 2024, he shall be arrested and brought to court.
The Director General of Mile Two Central Prison is ordered to release the convict forthwith