By Louise Jobe
One Sutay Bah, a resident of Kunkujang Keitaya in the West Coast Region of the Gambia, was sentenced to pay a fine of Twenty five thousand (D25,000.00) Dalasi on Wednesday, 13 March, 2024, by principal Magistrate A. O. Mendy of the Brikama Magistrates Court, for obtaining money by deception.
Bah is convicted of defrauding Mariama Ceesay the sum of D170,000.00.
When the case was called for ruling, Police prosecutor sub-Inspector Fadera appeared for the Inspector General of Police (IGP) and represented the prosecution team during the trial.
In her ruling, Magistrate Mendy said the convict Mr. Bah, obtained money from the victim Mariama Ceesay with the pretext of selling her a plot of land in Manduar Jallow Kunda village, which land he does not own.
Mr. Bah was charged for obtaining money by false pretence contrary to Section 288 of the CPC Cap 10:01; Volume III; Laws of the Gambia, and is liable according to the above Section, to an imprisonment of not more than three years or a fine.
Magistrate Mendy said the convict used the money he obtained from the victim for his family feeding, whilst he sent some part of the money to his son, Yusupha Bah, who was stranded on the irregular migration journey in Mali, to help him reach his intended destination. The magistrate said that D27, 000.00 was paid to the Alkalo for transactions of compound documents, which were recovered during the investigation by the police.
According to the court, the accused pleaded guilty to the charge after the facts were presented by the prosecution.
“The court is convinced by the facts presented because the convict did not deny them,” principal magistrate Mendy said.
In her ruling, principal magistrate Mendy submitted that the convict did not waste the court’s time and that the prosecution also admitted to the fact that he had no previous conviction records against him.
The plea of mitigation by the convict according to the Magistrate is that he did what he did in order to send money for his son to reach Europe.
The court, relying on Sections 29, 259, and 266 of the Criminal Procedure Code, sentenced Mr Sutay Bah to a fine of D25,000.00 or in default, to serve two years in prison. He was also ordered to pay a compensation of D143, 000.00 to the victim, Mariama Ceesay, or in default to serve two years imprisonment, with both fine and compensation running concurrently.
