Mr. David Colley, former Director General of the Prisons Department, was yesterday, Tuesday, convicted and sentenced to a fine of D3000, in default to serve two months imprisonment for having been found guilty of stealing a brand new generator. David Colley was also ordered to return the 5.5 KVA generator to the Prisons department.

However, Mr. Colley was acquitted and discharged on the count of stealing the sum of D27, 000, being the alleged proceeds realised from the tractor belonging to the prison department.

Delivering the judgement, Magistrate B.Y.Camara of the Banjul Magistrates’ Court stated that in criminal law there is no act without intention. He said the burden of proof lay with the prosecution, adding that where the prosecution failed to prove a prima-facie case against the accused the benefit goes to the accused. He said the standard of prove must be beyond all reasonable doubt.

Magistrate Camara further stated that looking at the totality of evidence on count one, the prosecution relied on the evidence of PW7. He said the prosecution did not tender the book where the purported proceeds realised from the tractor contract was recorded nor call any witness to corroborate the evidence of PW7. He said the prosecution had failed to reach the standard of proof on count one and, he continued, therefore acquitted and discharged the accused accordingly.

Turning to count two, Magistrate Camara stated that it followed that one returns after borrowing. “Where you failed to return,” he added, “there is intention to deprive the owner of his property, after several demands.”

He observed that four years on the generator was put in the charge of mechanic without any effort by the accused to return the generator.

In light of the above, he noted, the prosecution had proven their case on count two by reason of which the accused is convicted accordingly.

David Colley, 42, join the prisons service in 1976, rising to the rank of Director General over the years.