He was found guilty of breach of peace by “saying Senegal will attack The Gambia”.
Magistrate Taiwo said the prosecution called three witnesses to prove their case beyond reasonable doubt and the convicted was found guilty as charged.
Defence counsel Lamin K. Mboge in his plea of mitigation for his client told the court that this is in record that the convict was in police custody for five days and five days in remand before granted a court bail. He said certainly the convicted have learn a bitter lesson that he will never forget in his life not to discuss sensitive political matters in public.
Mboge submit that the offence committed is misdemeanor and urged the court to consider the fact that the convict has regretted and has shown remorse to that action. He said the convict is a family man and his entire family depends on him for their livelihood and the convict lives from hand to mouth and that he has nothing to feed his family if a custodial sentence is passed him.
Mboge submitted that the court has power to fine or impose a custodial sentence, but he pleaded with the court to tamper justice with mercy and urge it to impose a reasonable fine on the convict. He said that imposing a custodial sentence will tantamount to convicting the entire family of the convict who are all dependent on him for survival.
He also noted that the convict is a first time offender and has never been in breach with the law nor the police nor the court. He finally urges the court to use its power to caution and discharge the convict under the Criminal Code.
At this point, Magistrate sentence Mr. Fatajo to a fine of D10, 000 and in default to serve three months imprisonment.