By: Nicholas Bass
Justice Ebrima Jaiteh of the Banjul High Court recently sentenced the ex-manager of Taitek Company Ousman Manneh to pay USD$ 10,000.00 each to Abdoulie Jarjue, Morro Jammeh,Alieu Jallow and NfamaraBanda for stealing their salaries.
Ousman was also sentenced to pay a fine of D100,000.00 in default to serve four years in prisons.
He was charged with stealing contrary to section 252 of the Criminal Code , Cap 10:01, Volume 3, Revised Laws of The Gambia(2009).
He denied the charges but was convicted of theft by the Banjul Magistrates’ Court presided over by Magistrate S.K Jobarteh on 23 July 2021.
Dissatisfied with the court’s decision, Ousman filed a notice of appeal at the Banjul High Court on 26 January 2021.
Justice Ebrima Jaiteh in the verdict recalled that the convict was an employee of Taitek Company Limited, adding that Taitek the company was registered and incorporated in The Gambia as Summer Activity Holdings with its headquarters in Taiwan.
According to Justice Jaiteh, it was revealed as a fact in Ousman’s appeal that the complainants had to report the matter to the police when the company [Taitek] failed to pay their salaries to their respective families, which caused them hardship and deprivation of livelihood.
Justice Jaiteh stated that Ousman, on behalf of TaitekCompany, defaulted from 2017 to 2019 to third contractual agreement which was signed between the complainants and Taitek Company, amounting to USD$30,400.00, equivalent to D489,600.00.
Justice Jaiteh stated that the complainants’ efforts to receive their salaries from Taitek Company owners proved futile, stating that the owners of TaitekCompany were adamant that the monies had already been deposited into Ousman’s account but Ousman denied the receipt of the monies.
“From the evaluation of the evidence and determination of all the issues resolved in favour of the respondent [Inspector General of Police] against Ousman, this court hereby dismissed the appeal in its entirety,” said the judge.
This invariably leaves the appellate court with no other option other than to exercise its powers inherently and statutory by affirming the decision of the Magistrates’ Court, convicting and sentencing the appellant, Ousman.
The evidence is cogent, reliable and safe for the appellant court to uphold the conviction and sentence,” Justice Jaiteh stated.
Justice Jaiteh said that the appellant Ousman to the USD$10,000.00 with 1% interest from the initiation of the case and 4% to the delivery of judgement up to the time of this money is paid with a cost of D20,000.00 awarded to the complaints.
”I shall instead of awarding damages invoke the companies Act and hereby declare that the Company allowing the appellant to receive money in his account for payment of salary to some of the staff is wrong and not proper in law as per the management of the company”, Justice Jaiteh said.
Justice Jaiteh also issued a perpetual injunction against the appellant, Ousman Manneh, Tiatek Company, their legal beneficiaries, heirs, agents, shareholders, directors, executrix, administrators, and all persons claiming under them respectively, perpetually restraining them from using Ousman’s bank account for payment of salaries to its staff.
