Dominico Fedeli, an Italian national, who was being tried for taking part in a theft involving a vehicle belonging to The Gambia government, was said to be nowhere to be found, after he was granted bail by the Banjul Magistrates Court.
Mr Fedeli is the third accused person in the criminal case which concluded yesterday with his conviction and sentence to five years imprisonment. However, the Italian had insisted throughout the course of the trial that he did not steal the vehicle.
During yesterday’s judgement, both his lawyer, Sheriff Tambedou and his surety, Modou Jawara acknowledged his unusual absence, as he was a regular attendant to court proceedings.
In his plea for mitigation, Lawyer Tambedou said that the accused was an Italian, married with children who depend on him for their survival.
“It can be said that he has conducted all his responsibilities to the best of his ability. I therefore beg the court to consider the option of a fine to a custodial sentence as the accused is a first time offender who was never convicted before,” said he pleaded.
But in his judgement, Senior Magistrate Olajubutu sentenced Dominico Fedeli to two years imprisonment without an option of a fine on count one and three years imprisonment without an option of a fine on count two. Both sentences are expected to run consecutively. The magistrate also ordered him to return the stolen vehicle in question.
In the absence of Fedeli, the grit of the law would collapse on his surety who claimed that he was not the only surety for the escapee.
Asked by Senior Magistrate Olajubutu what he has to tell the court. Mr Jawara replied, saying the court should have mercy for him, because acting on the bail bond will make him lose his only compound for his family.
Asked about the whereabouts of Fedeli, Mr Jawara said he did not know and claimed that he was never advised about the consequences of the bail bond.
The magistrate then ruled that he would be given him time to settle the bail bond, but since the case has reached judgement, he cannot backtrack. He then ordered Modou Jawara to pay the sum of D250,000, failure of which will the court would grab his title deeds and property.