Magistrate EF Mbaye of Brikama Magistrates Court, on Tuesday convicted and sentenced Samba Trawally and seven other men to three years consecutive and mandatory jail terms each, on two counts of conspiracy to commit felony and stealing contrary to the laws of the Gambia.
The particulars of the offence on count one, stated that Samba Trawally and the seven others on June 28 2007, at New Yundum village in the Kombo North conspired to commit felony by stealing.
Count two stated that Samba Trawally and the seven other men on the same day at CSE Depot at Yundum, jointly stole fifteen bags of cement.
All the men pleaded guilty to both counts when the charges were read to them.
The Police prosecutor Coporal 413 Sanyang, in his testimony told the court that the first convict and five among them were all labourers at CSE. He added that, they were supplied with seventy bags of cement on June 27. “When the convicts closed from work that day, fifteen bags were remaining. Sainey Sonko, the fourth convict called two of the other accused (who are not working with CSE but were involved in the case) through a mobile telling them that he had cement for sale. They discussed and agreed on a certain price”, he told the court.
According to him, when they were carrying these bags of cements, Musa Badjie and Muhammed Jammeh, all from Busumbala intercepted them and asked where they were taking the cement to but were told that they got them from CSE.
According to 413 Sanyang, Mr. Badjie and Jammeh threatened to report the accused to the police if they did not tell them the truth. They then, he said, offered Mr. Badjie and Jammeh five bags of cement, which they did not accept.
He further testified that they were then reported to Yundum police station and arrested. He said the fifteen bags of cement were seized and a cash amount of D3,890 was recovered from them.
In their mitigation, all the convicts cried for the court to exercise mercy on them stating that it was just an accident and not intentional.
In handing down his judgement, Magistrate Mbaye told the convicts that they have been engaging in such activities, adding that it was not an accident, or even due to poverty.
“You are today in this dramatic and shameful situation because of greed,” he told them. “You are all paid monthly salaries, why can’t you be content with that? In fact, this is a national property, why can’t you be honest?” he asked.
He then convicted and sentenced the eight men to three years on count one and three years on count two, both sentences to run consecutively.
Police prosecutor 413 Sanyang stood in for the IGP.