Posted by Modou S. Joof on May 31, 2010 at 10:40pm
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Banjul, The Gambia (TNBES) The firmer Inspector General of Police (IGP) Ensa Badjie, CSP Ali Ceesay, Prison Officers Kemeseng Colley and Ismaila Colley have denied charges leveled against them by the state when they take their plea at the High Court in Banjul.
Badjie and Co are facing 22 charges of robbery, conspiracy to commit felony, received stolen properties, robbery with violence, aiding and abetting, official corruption, deceiving witness, offence relating to judicial proceedings and conspiracy to commit misdemeanor.
Taking their plea before Justice Joseph Emmanuel Ikpala of the Special Criminal Court in Banjul the third and the fifth (now fourth) accused persons (Kemeseng Colley and Ismaila Colley) pleaded guilty to Count Twenty (20) of common assault contrary to section 227 of the criminal code cap 10 volume 3 laws of The
The particulars of offence stated that Kemeseng Colley and Ismaila Colley on or about 14th May 2010 at Mile 2 Central Prison within the jurisdiction of this honorable court, being prison officers unlawfully assaulted one Soriba Conteh a convict thereby committed an offence.
Before plea however, the Director of Public Prosecution (DPP) Richard N. Chenge applied for the name of the fourth accused Omar Jahateh to be strike-out from the charge sheet as he is nowhere to be found.
He submitted that when he is found he will be arrested and brought before the Court.
Narrating the facts in Count 20, the DPP told the Court that it happened about 14th May 2010 at Mile 2 Central Prison where the third and the fourth accused persons as prison officers unlawfully slapped one Soriba Conteh a convict though the convict did not sustain injury.
After reading the facts to the accused persons, Ismaila Colley objected that the facts be interpreted to him in Mandinka, a request Justice Ikpala dismissed on the ground that the accused person is a prison security officer.
At this point, DPP Chenge argued that the Court should convict the accused persons accordingly as they have pleaded guilty to Count 20.
In their plea of mitigation, the third accused person Kemeseng Colley told the Court that he served the prison as a security for 12 years and he never committed such an offence. Mr. Colley added that he did not have any intention to commit such a crime and he is married with two (2) wives and children. He bagged the Court to temper justice with mercy as he is a first time offender and did not have any criminal record with the police.
For his part, Ismaila Colley the fourth accused person told the court that he was instructed by his boss to do such an act. According to him, he also served as security officer for 16 years during this period; he never committed any criminal offence. He also urged the court to exercise some degree of mercy as he is the bread winner of his family, married with a wife and children and he is a first time offender.
Delivering his judgment, Justice Ikpala said as a security officer at Mile 2, you are to protect the convicts who are serving their jail terms in the said prison but not to maltreat them. He said that considering their plea of mitigation and as a first time offender he their by cautioned and discharged Kemeseng Colley and Ismaila Colley on Count 20.
At this point, counsel E. Ozama who is standing briefly for counsel Borry Touray (the counsel for first and second accused person) applied for an adjournment.
DPP Chenge also applied for the accused persons to remain under custody pending the hearing of the case. The case has been adjourned till 3rd June 2010.