Wednesday, August 19, 2009
The Brikama Magistrates’ Court presided over by Principal Magistrate Basiru Mahoney recently convicted and sentenced one Muhammed Kenneh to a mandatory jail term of six months and also a fine of D5, 000 in default to serve three months imprisonment.
Delivering his judgement, Magistrate Mahoney told the court that the convict Muhammed Kenneh was charged on two counts, having in possession paper for forgery and possession of forgery bank notes, to which charges he pleaded not guilty.
According to Magistrate Mahoney, it creates a doubt in the Prosecution evidence concerning the ownership of the contents of the briefcase, especially the items not mentioned by PW1 and PW2.
He said the two officers who searched the convict’s belongings did not show the link between the packets of white paper and the accused.
He stated that as there was no evidence of possession of paper for forgery; he therefore acquitted and discharged the accused on count 1.
Mahoney added that, it was clear that the convict himself brought down the luggage from the vehicle that he was in. He said PW1 and PW2 searched the accused’s belongings and found suspected false bank notes arranged between the pages of a novel.
Magistrate Mahoney further revealed that the documents had satisfied section 45 of the Evidence Act 1994 and is deemed sufficient evidence of the facts stated.
At this juncture, he sentenced the convict to six months mandatory jail term and a fine of D5000 in default to serve three months imprisonment.
Author: Binta Fatty