LEGAL AFFAIRS

 Olympic Officials Exonerated On Theft Charges

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·        Olympic Officials Exonerated On Theft Charges

·        3 State Agents Exonerated, 2 Faces Murder Charges

• Five Senegambians sentence to a fine or faces jail terms

 ·       3 State Agents Exonerated, 2 Faces Murder Charges

Justice Joseph Enwa Ikpala of the Special Criminal Division of the High Court in Banjul has acquitted and discharged three officers of the National Drug Enforcement Agency (NDEA) on Monday.

Mahtar Conteh, Abdoulie M.K. Jallow and Modou C. Jaw were cleared of allegations of murdering one Cherno Alieu Suwareh, a charge brought against them by the police. However, the Court said their compatriots (Ebou Low and Eku P.L. Grant) have a case to answer and hence, will stand trial on the same allegations. They pleaded not guilty to the charge on June 13, 2011 and are being represented by Counsel Lamin S. Camara.

The trio’s exoneration followed an application by the prosecution that they found no compelling evidence against the three officers at the end of investigations, and based on this, they urge the Court to discharge them. 

And the decision was not objected to by Defence Counsel Lamin S. Camara.

While their acquittal and discharge happened in their absence, the prosecution revealed it wants to use the trio and 13 others as witnesses against the two accused persons.

The presiding judge, Justice Ikpala said the complain filed before him concerns only Ebou Low and Eku P.L. Grant (1^st and 2^nd accused). “The Director of Public Prosecution (DPP) Mikailu Abdullah said he did not have any evidence against the other three accused persons, and on that ground, Mahtar Conteh, Abdoulie M.K. Jallow and Modou C. Jaw are hereby acquitted and discharged.”

Offence

The five were charged with “murder”, Contrary to Section 187 and Punishable Under Section 188 of the Criminal Code Volume III Laws of The Gambia. They first appeared before the Lower Court in Banjul and later transferred to the Special Criminal Division of the High Court.

Following the charge clearance on the three, the particular of offence has it that Ebou Low and Eku P.L. Grant on or about the 25^th March 2011 at Bakau Kanifing Municipality unlawfully cause the death of one Cherno Alieu Suwareh by hitting him on the head against the wall knowing that death would be a probable consequence of such act.

·       Five Senegambians sentence to a fine or faces jail terms

Ahamat Njie, Malick Faye, Alieu Jallow, Abdoulie Jallow (Senegalese), Modou Trawally, Wuyeh Njie and Ansuman Bojang (Gambians) have been sentenced to a fine of D5, 000 each and in default to serve six months imprisonment with hard labour.

The five were found guilty on two counts of “conspiracy to commit an offence” and “entering into The Gambia without pass and permit” by Magistrate Alagbe Taiwo Ade of the Banjul Magistrate Court on 13, June 2011.

The five were arraigned alongside James Wonyeh, and Sampson Montgomery (Liberians), whose fate has been scheduled to be decided Monday June 20.

Earlier on, the quintet begged the court to temper justice with mercy as they are all first time offenders.

The statement of offence states: Conspiracy to commit an offence Contrary to Section 365 of the Criminal Code Cp 10:01 Volume III revised laws of The Gambia 2009. The particulars of offence indicated that Ahamat Njie, Malick Faye, Alieu Jallow, Abdoulie Jallow (Senegalese), Modou Trawally, Wuyeh Njie and Ansuman Bojang (Gambians) on or about 29 May 2011 in the territorial waters of The Gambia, they conspire among themselves by receiving an amount of five hundred dollars ($500) from a ship captain in transporting two Liberian nationals into The Gambia, which they knew or have the believe is illegal and thereby committed an offence.

Beatrice Allen, IOC Member, 1st VP GNOC

·       Olympic Officials Exonerated Of Theft Charge

Magistrate Sheriff B. Tabally of the Kanifing District Magistrate court has acquitted and discharged Mrs Beatrice Allen, Ousman Wadda and Muhammed Janneh, all of whom are senior officials of The Gambia Olympic Committee (GNOC), on allegation of theft.

The decision followed a “no-case-to-answer-submission” by the defence after the prosecution had closed their case. The prosecution made no response to the submission.

On 13 June, 2011 Magistrate Sheriff B. Tabally told the court that the case started on 21^st January 2011, and the accused person were charge for stealing D34, 00 which was allowances for Langtombong Tamba, and they all pleaded not guilty.

He noted that at the end the prosecution’s case, the Defence made no case to answer submission to which the prosecution did not reply.

He said the prosecution called four witnesses but all of them said the money has not been stolen and is there for safe keeping.

Magistrate Tabally said the Defence counsel Ida Drammeh in her no case to answer submission argued that the prosecution failed to establish a case against the accused persons.

The Defence submitted that the ingredients of the offence charged had not been proven by the prosecution.

He said the Defence counsel submitted that the prosecution has not proven that the D34, 00 was stolen by the accused persons. “I agreed with the defence that the prosecution fails to establish a case against the accused persons,” he said.

“The prosecution totally failed to prove the ingredients of the offence charged and the court has upheld the “no case to answer submission” made by the defence.”

“I thereby acquitted and discharge the accused persons respectively,” Tabally ruled declared in front of packed court room.

In reaction to the ruling, one of the accused persons, Muhammed Janneh said: “I feel that justice has been done and I am accepting this, because I did not do anything wrong”.

• Culled from The Voice Newspaper in Banjul, The Gambia