By: Kemo Kanyi
A 20-year-old Muhammed Barry was found guilty of stealing a mobile phone and sentenced to 1-year mandatory jail term with hard labor.
He was arraigned before principal magistrate FatouDarboe-Jaguraga of the Brikama magistrates’ court on three criminal charges of stealing.
Couple 5426 Mariama Badjie announced her representation as the Inspector General of Police. The convict was not represented by counsel. However, the principal magistrate informed him of his right to a lawyer at his expense or stands to defend himself.
On counts one, two, and three, the accused person was charged with ‘stealing’ contrary to section 252 of the criminal code cap 10:01 Laws of The Gambia.
According to the particulars of offense on count one, Muhammed Barry stole a mobile phone marked Samsung 52S valued at D21,000.00 in the Brikamamarket on 24 Jul 2024, being the property of AlieuJammeh.
Count two particulars of offense claimed that Muhammed Barry stole a mobile phone marked Samsung A13 valued at D11,000.00 at Brikama Nemaon the 30th day of July 2024 being the property of Ramatoulie Jallow
Count three alleged that the accused person stole a mobile phone marked iPhone 8 valued at D9,000.00 at the Brikama market on the 24th day of July 2024, being the property of Alieu Barry, thereby committing an offense.
He accepted the liability of count two but denied counts one and three.
CPL 5426 Badjie was allowed by the court to narrate the facts of count two.
She narrated that the accused went to the house of Ramatoulie Jallow on the 30th day of July 2024 and told the complainant he wanted to make a call using the mobile phone belonging to the complaint.
Prosecutor Badjie continued: “When he was given the phone to call, he went out of the house with the mobile phone. A little later, the complaint looked for the accused person but could not set eyes on him. The matter was subsequently reported to the BrikamaPolice Station. A search was conducted, and the accused was arrested and charged.”
She added that voluntary and cautionary statements were obtained from the accused person.
The prosecution applied to tender the two statements into evidence under section 3 of the Evidence Act.
Without objection from the accused person, the court admitted both voluntary and cautionary statements into evidence as exhibits.
The court convicted the accused person as charged on count two. He was asked to give his mitigation plea to the court.
Muhammed Barry told the court to tamper justice with mercy. He said this was a mistake made by him as he had never broken the laws.
The prosecution applied to the court for compensation of the victim, Ramatoulie Jallow. The accused agreed that he would compensate the victim.
The principal magistrate, Fatou Darboe-Jaguraga, said the honorable court is aware of the fact that the convict is a first-time offender and his mitigation plea is taken into consideration. However, the issue of theft can’t be condoned.
“The convict, Muhammed Barry, is sentenced to 1-year mandatory jail term with hard labor, and a compensation of D15,000.00 in default 2 years imprisonment,” she ruled.
The matter was adjourned to 5 September 2024 for the hearing of evidence in chief of a prosecution witness on counts one and three respectively.
