By Amadou Jadama
Principal Magistrate Muhammed Krubally of the Brusubi court yesterday admonished and discharged three men Modou Colley, Alpha Omar Jeng and Ebou Bah after finding them guilty of impersonating drug law enforcement officers.
The presiding magistrate strongly warned all the convicts not to do such again, otherwise they will face justice.
Police prosecutor Inspector AA Bojang had said the three accused persons were July 9 found at the compound gate of one Fatou Bah claiming they were searching for their missing mobile phone and on google map which directed them there.
“The watchman informed the compound owner Fatou who did not trust the visitors and asked his watchman not to allow them entry. The accused persons persistently knocked the door and Fatou Bah later heard them telling her watchman that they are Drug Law Enforcement Officers,” the policeman told the court.
He said the compound owner then called her family members and one of them, one Abdul Aziz Sowe turned up almost immediately and together with the watchman, they managed to arrest the three accused persons and took them to Sukuta police station, where they were cautioned and charged with the offence of impersonation.
Principal Magistrate Krubally found them guilty upon their judicial confession but before passing judgement, the magistrate enquired from the prosecution whether the said three convicts had any previous criminal records or conviction and it was established that they never had any. At this point, Lawyer EE Chime, counsel for the accused persons begged the court to consider that they were under pressure in the hope of recovering their phone so they unintentionally presented themselves as drug law officers to convince the compound owners to open the gate.
The lawyer further appealed to the court to consider that the three accused persons are young with families to look after. He urged the magistrate to admonish and discharge the accused persons and spare them a custodial sentence.
In passing his judgement, Magistrate Krubally said he has considered the nature of the offence which the three convicts are charged with, the honesty of the three convicts and also the fact that they are first time offenders with no criminal record or conviction. He also said he considered the mitigating circumstances advanced by their lawyer.
“In light of the foregoing, I also really observed the demeanour of all the three accused being young and indeed truthful. This being the circumstance, I must emphatically preface that, it is human to err and divine to forgive. Everyone is human and fallible. When those who commit wrong regret their wrong action with honesty, they should be considered by reasonable adjudicators like myself here without prejudice. In light of the foregoing, I am imbued to exercise my statutory discretion judiciously and reasonably pursuant to Section 266 of Criminal Procedure Code to admonish and discharge all the three accused persons, Modou Colley, Alpha Omar Jeng and Ebou Bah.”
