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In Stop-step 0.5 million theft case Court urged to acquit and discharge accused
Wednesday, August 29, 2007
Lawyer Antuman Gaye Counsel for Alieu Faye, former accountant of Stop-Step Pharmacy and Jays Electrical Holdings, in the on-going 0.5 million theft case, has urged the Kanifing Magistrates’ Court, presided over by Principal Magistrate Moses Richards, to acquit and discharge the accused. Lawyer Gaye made this remark yesterday, while addressing the court on the points of law. He said Mr Faye was sent to Trust Bank Bakau-branch, with Njaga Saho on a different mission, adding that Njaga was obliged to pay a cheque for D90,000 to the bank, while the accused entered into the Manager’s office to cash D547,547 for the payment of staff salaries. Pursuing his argument, he indicated that the accused was not the one who initiated his visit to the Karoum Enterprise, located in Old Jeshwang. He went on to say that Mr Elzodi, the fourth prosecution witness has confirmed to the court that he and the accused spoke for sometime during which the accused went to his office. Lawyer Gaye further implored on the court to reasonably assess the time the accused had with Mr Elzodi. “Your Worship, it is better to free ten guilty men than to jail one innocent man,” he stated in a poignant tone. Consequently, he urged the court to disregard the evidence of Ali Jaffer, the fifth prosecution witness, adding that he was under no obligation to watch the movement of the accused at the time he packed his vehicle at the front office when he crossed to the other side of the road, to collect an invoice from Karoum Enterprise. He finally pointed out that Mr Jaffer was not interviewed by the investigating officers. According to the Defence Counsel, the prosecution has failed to establish the essence of the crime levelled against the accused person. As such, he said, the whole issue is based on a mere allegation against his client. He noted that when the accused crossed to the other side, it ispso facto created a window of opportunity for thieves to unlock the vehicle and stole the said money. He then added that there is no consistency in the evidence of the prosecution. Mr Gaye, therefore, urged the court to acquit and discharge the accused. However, the prosecution is also expected to submit a written address to the court on September 3rd, 2007. Author: Written by Buya Jammeh
Source: The Daily Observer Newspaper
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