By Bruce Asemota
Principal Magistrate Omar Jabang of the Kanifing court has acquitted Cherno Beriam Mbackeh, a former manager of AGIB Banjul branch. Magistrate Omar Jabang made this declaration in a ruling premised on a submission of no case to answer after the defence made an oral address and the prosecution replying accordingly.
Mbackeh was charged with two counts of theft and keeping fraudulent accounts, falsifying books or account whilst serving as an officer with the bank.
The prosecution alleged that Cherno, whilst serving as manager for AGIB Jeshwang and Banjul branches, stole D8,000,000.
The prosecution led by Police Spt Keita called four witnesses to prove its case against the accused.
Principal Magistrate Omar Jabang in his judgment disclosed that the fact of issue was that the accused was alleged to have stolen the sum of D8,000.000.00 by keeping balances in his cash account and later transferring them to the accounts of Momodou L. Kanteh and Fatou Mboge.
Magistrate Jabang revealed that the production of the statement of account of the accused person with the use of ID CBM and those of Momodou L.Kanteh and Fatou Mboge are crucial to the facts in the issue.
Magistrate Jabang stated that the production will detail out the nature of the theft as stated by the prosecution witnesses.
However according to him in the absence of the statements, any reference to them will be hearsay.
He further disclosed that the evidence adduced by the prosecution did not support the charge and that there is no evidence sufficiently requiring the accused person to open his defence.
Magistrate Jabang therefore declared that it is the law that he must be acquitted by the court.
