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toubab1020



12311 Posts

Posted - 07 Sep 2011 :  13:37:42  Show Profile Send toubab1020 a Private Message
If this report is accurate the allegations show what a chronic state the legal system when those who should be pillars of the society they live and who act as honest brokers commit such acts they should be punished,with jail time,if the allegations are proved, at the "hotel" (Mile 2 , not Palm Grove ,although they could perhaps serve hard labour there by serving the officers there ! ) as they have blackened the name of those who take part in the already tarnished Gambian legal system.

http://observer.gm/africa/gambia/article/lawyer-od-mbye-dragged-to-court-for-criminal-offences

Lawyer OD Mbye dragged to court for criminal offences
Africa » Gambia
Wednesday, September 07, 2011

Police prosecutors have preferred criminal charges against Lawyer Omar D Mbye commonly known as Mbassu and one Sulayman Khan at the Kanifing Magistrates Court presided over by Principal Magistrate Taiwo Ade Alagbe.

Lawyer Mbye is charged with three counts of criminal offences ranging from conspiracy to commit a felony, obtaining money by false pretence and issue of false cheque all contrary to the Laws of The Gambia. While the second accused Sulayman Khan is charged with two offences out of the three counts.

On count one of conspiracy to commit a felony, the particulars of the offence revealed that the accused persons sometimes in the month of February 2011 at Kanifing South in the Kanifing Municipality with intent to defraud, jointly conspired between themselves to commit a felony to wit: fraudulently defraud Amie Dukureh the sum of D450,000 for the purpose of land sale.

On count two (obtaining money by false pretence) the particulars stated that the accused persons in the month of February 2011 at Kanifing South in the Kanifing Municipality, by false pretence and with intent to defraud jointly obtained an amount of D450, 000 from Amie Dukureh with the pretext that they were going to purchase a land for her and they knew it to be false.

On count three (issue of false cheque) the particulars of this offence disclosed that the first accused (Lawyer Omar D Mbye) on the 19th July 2011 at Kairaba avenue in the Kanifing Municipality issued an Access Bank cheque number:00241372 valued at D200, 000 to Amie Dukureh, knowingly or having reasons to believe that there is no sufficient funds in his account.

All the accused persons pleaded not guilty to the charges.

It was alleged that Amie Dukureh received money (D450, 000) from one Musu Dukureh, her sister in the United Kingdom to purchase a property situated in Lamin village with the help of the second accused and it was an agreement between the owner of the property and Musu Dukureh to pay the said money by installment within six months.

It was further alleged that the second accused advised that the installment payment can be done to the first accused until it is completed and then it will be given to the owner of the property. Amie made all payments at the chambers of the first accused (Bella’s Chambers) and was issued with receipts.

According to the allegations made after several months without the production of the documents the case was brought before the police where the first accused agreed to pay the money in bits and later issued an Access Bank cheque of D200, 000 that bounced.

When the case first came up it proceeded inside chambers before the then Principal Magistrate Sheriff Tabally at the Kanifing Magistrates Court but no reason(s) was given for this rare procedure. The first prosecution witness Amie Dukureh gave her testimony inside the chambers of the said magistrate.

Meanwhile during the last proceeding before Principal Magistrate Taiwo Ade Alagbe the first accused (Lawyer OD Mbye) cross-examined PW1 Amie Dukureh who told the court she did not know the first accused prior to going to his office to make payments.

She revealed that she agreed to make payments to the first accused because her sister in UK did not have all the D450, 000 in cash at that time and she made payments through the second accused and she was given receipts for each payment.

Amie Dukureh further revealed that the first accused told her that he has handed over the D450, 000 to the owner of the property and she will get the documents in two months. She added that after many months she appealed for a withdrawal from the agreement and demanded for D250, 000 because the first accused agreed to pay the money in bits and that was the time the first accused issued her a bounced cheque.

She further told the court that at the bank she was asked about the issuer of the cheque and she responded that it was the first accused. She said the cheque was then stamped and given back to her, adding that the first accused has no such money in his account.

At that juncture the case was adjourned to 12th September 2011 for continuation of hearing.
Author: Fatou Sowe


"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.

kobo



United Kingdom
7765 Posts

Posted - 19 Mar 2012 :  05:51:38  Show Profile Send kobo a Private Message
DAILY OBSERVER NEWS UPDATES WITH LAWYERS IN THE HOOK;

RELATED BANTABA TOPIC;

Edited by - kobo on 19 Mar 2012 06:43:31
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kobo



United Kingdom
7765 Posts

Posted - 03 Apr 2012 :  16:27:38  Show Profile Send kobo a Private Message
DAILY OBSERVER NEWS;

"Adjourned to 24th April 2012 for judgement"

Edited by - kobo on 03 Apr 2012 16:28:13
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kobo



United Kingdom
7765 Posts

Posted - 04 Jun 2012 :  21:39:58  Show Profile Send kobo a Private Message
UPDATE WITH OBSERVER NEWS;

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