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toubab1020
12306 Posts |
 Posted - 19 Aug 2011 : 21:39:21
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Will Gambia ever change ?
http://www.foroyaa.gm/modules/news/article.php?storyid=7675
Four People in Court for Conspiracy to Defraud and Other Offences
By Publisher on 19-08-11
By Abdou Aziz Saho
State prosecutors on Thursday preferred criminal charges against Lamin Jallow, Omar Bah, Jerreh Manjang and Fatou Secka (1st, 2nd, 3rd & 4th accused persons respectively) at the High court in Banjul.
Three of the accused persons pleaded guilty to some of the charges, but the only female, Fatou Secka, pleaded not guilty to all four counts; conspiracy to defraud, forgery, forgery, economic crime.
Count one of the indictment sheet reads ‘’Conspiracy to defraud contrary to s. 292 of the Criminal Code Cap 10 Vol. iii Laws of the Gambia 2009’’. The particulars of the above offence reveals that the quartet between 2010 and 2011, with intent to defraud, conspired among themselves and forged Brikama Area Council market revenue receipts, which is an offence under the Criminal Code of the laws of The Gambia.
The 1st, 2nd and 3rd accused persons pleaded guilty to the first count and were each sentenced to a fine of D10, 000 each, in default to serve one year in prison with hard labour.
Count two reveals, ‘’ Forgery contrary to section319 of the Criminal Code’’. This count specifies that the accused persons around the 26th May, 2011, forged the said revenue receipts with the sole aim of defrauding the said Area council and consequently committed an offence.
Only Jerreh Manjang pleaded guilty to count two and was sentenced to a fine of D40 000, in default to serve four years in prison with hard labour.
The third count of the indictment sheet states: ‘’ Economic Crime contrary to section 5(f) of the Economic Crime Act’’.
On how the alleged offence was committed, Lamin Jallow and Fatou Secka are accused of fraudulently printing and selling Brikama Area Council revenue receipts, which according to the State, is detrimental to the economy of The Gambia and thereby committed an offence.
But Fatou Secka denied the accusation, whilst her co-accused person, Lamin Jallow, admitted doing the act. He was consequently sentenced to a fine of D 40 000, in default to serve four years in prison with hard labour.
The last count on the charge sheet reveals, ‘’ Official corruption contrary to s. 86 of the Criminal Code laws of the Gambia’’. This charge was solely preferred on the only female in the list, who is an employee in the Public Service of the Gambia, is reported to have been working at the Brikama Area Council at the time of committing the alleged offence. It accuses her of corruptly obtaining and forging Brikama Area Council revenue receipts, which she used to her benefit and thereby committed an offence. She however pleaded not guilty to it.
Fatou Secka, the only female and the only accused person who pleaded not guilty to all charges, had a bail bond of D700 000 entered for her with two Gambian sureties, one of whom must have a landed property within the jurisdiction of the court.
For Lamin Jallow who pleaded not guilty to the 2nd count, a bail bond of D1O 000 was entered for him. He was also ordered to produce a Gambian surety that must have a landed property whose title deed must be deposited with the court registrar.
Justice Nkea whilst sentencing the convicts said he was minded not to give the accused persons a mandatory sentence, because they have pleaded guilty and they are first time offenders as well.
The case was then adjourned until Tuesday 23rd August, 2011.
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