Prosecutor Cadet Inspector Keita, on 31st December 2008 addressed the court as the trial of Oley Sey and Abdou Rahman Bah reached its climax at the Banjul Magistrates’ Court before Magistrate Lamin George.

In his address, Cadet Keita submitted that it is a common law principle that in court proceedings it was always the duty of the prosecution to prove both the physical and the mental element of the offence charged, before it can secure a conviction. This principle, he stated, is only applicable at the end of the case when the entire evidence adduced by both the defence and the prosecution has been evaluated by the court. However, he added, the prosecution does not only depend on the quantity of the witnesses in proving the authenticity of the offence charged, but also instead focuses on the quality of the facts adduced. He said the entire evidence adduced by the prosecution witnesses was consistent, creditable and above all reliable. He said the accused persons were standing trial on two counts of conspiracy to commit a felony and theft. In this, Cadet Keita added, four prosecution witnesses were called in support of the charge levelled against the accused persons. “ The testimony of the four witnesses has established the fact that the sum of D500,000 was donated to JamesJunkungJammehMemorialNursery School in Abuko,” he added. Furthermore, he added, the evidence adduced by the prosecution has established the fact that the money was in the custody of the accused. He said the accused persons in this case had not denied being in possession of the D500,000 as D100,000 was recovered from Abdou Rahman and D200,000 from Oley Sey. “ This clearly established the issued of possession,” he stated.  He said the evidence before the court also revealed that when the accused were confronted about the money at the department of State for Basic Education, Oley Sey opted to have an audience with Abdou Rahman Bah in private. This has established the fact the two had shared a common desire about the money. He submitted that since the accused persons could not account for the money, that is a clear testimony that they had conspired to embezzle the donated sum. He said the accused persons had conspired and stolen the sum of D500,000 meant for the Nursery school. He said the money was donated to the community of Abuko and the accused persons had no claim of right over the donated money.

Cadet Inspector Keita further submitted that the accused persons had utilised the donated amount without the involvement and the consent of the community of Abuko as the rightful owners. He revealed that since the donated amount was presented to Abdou Rahman Bah, both he and Oley Sey were working in isolation without involving the community of Abuko and not a single butut was spent in the construction of the Nursery school which shows that the purpose for which the money was donated was not fulfilled. He said, based on the stated facts and evidence, the prosecution in this case has proven the essential element of the two counts preferred against the accused persons beyond all reasonable doubt.

The case continues today.