Accused Sentenced in Scratch Card Trial

The Daily Observer (Banjul)

Sidiq Asemota

21 June 2011

The Special Criminal Court in Banjul, presided over by Justice Joseph Enwa Ikpala yesterday, Monday, 20th of June 2011, convicted and sentenced one Omar Ndow of a six-count charges of criminal offences.

The accused person, Omar Ndow was charged with five counts of issuing false cheque(s), contrary to Section 296 A (1) (b) of the Criminal Code, Cap 10, Vol III, Laws of The Gambia 1990, and one count of obtaining goods by false pretence, contrary to Section 288 of the Criminal Code, Cap 10, Vol III, Laws of The Gambia 1990.

The particulars of the offence stated that the accused, having no reasonable ground to believe that there was fund or adequate funds in his account, issued five different cheques at five different times and bearing five different amounts to Mariamo Sales and Marketing Company.

Also between the month of May 2009 to June 2009, the accused obtained by false pretence from the said Marimo, Africell scratch cards and sim cards worth D3, 175, 000M (three million, one hundred and seventy-five thousand Dalasis). The prosecution led by DPP Mikailu Abdulahi, in a bid to prove its case called six witnesses and tendered eleven exhibits. The accused testified in person and opted for the option of not calling any other witness.

Delivering judgement yesterday morning, the presiding judge, Justice Joseph Enwa Ikpala disclosed that the prosecution had proved its case beyond all reasonable doubt, adding that the accused did not give any reasonable defence for his action. The judge pointed out that the total amount of D3,175, 000 remained unpaid by the accused.

The judge said that the accused under cross-examination, admitted receiving the goods and the goods were sold by him and that the agreement was that he would be depositing the sales in the account (the respective account from which he drew cheques i.e. exhibits D, E, F, G and K), whilst the accused in his confessional statement, Exhibit “A”, said that he did not put the money into the account because he used it to settle his office business.

The judge declared that PW6, Aminata Jallow, the sales proprietor of Marimo Sales and Marketing had her micro business decapitated by the accused person’s actions, adding that it is prudent to save the complainant from the agony by awarding her a compensation, under Section 145 of the Criminal Procedure Code.

The accused was sentenced to pay the sum of D20, 000 in default to serve 9 months jail term on each of the counts, from count one to count five; and on count six, the accused was sentenced to pay the sum of D20, 000 in default to serve 18 months imprisonment.

The convict was further ordered to pay the sum of D3, 175, 000 as compensation and the sum of D100, 000 as damages to the complainant.

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