By Amadou Jadama
Magistrate Thomas Fuad Touray of the Kanifing court has convicted and sentenced one Papa Gaye to a mandatory jail term of four years with hard labour for stealing a Samsung Galaxy A03 from Home Again Mini-market in Manjai.
Mr Gaye, who said he is a fisherman, was also ordered to pay D8,000 compensation to the victim Binta Touray Jagne for the value of the phone, the sole proprietor of Home Again Mini-market, and additional D15,000 for damages in default to serve one year imprisonment.
Lawyer Loum, counsel for Mr Gaye, begged the court to have mercy for his client since he is a first-time offender and has suffered a lot in Mile 2 Prisons.
He said his client has family with a new born baby, and urged the court to impose a fine rather than a custodial sentence.
In his plea of mitigation, Mr Gaye said: “I am the only son of my mother and since this happened, she could not sit. Even today, she is in court. My wife also delivered just now and I have never had a child in my life. Therefore, if I am sent to jail, nobody will take care of my mother and my wife.”
Handing down his sentence, the presiding magistrate said: “I have carefully considered the convict’s plea for leniency in mitigation. It is important to note that the convict is not a first-time offender and has demonstrated a lack of discipline and honesty by failing to acknowledge the truth, even when presented with irrefutable evidence from the CCTV footage.
Despite being confronted with clear proof of his actions, the convict has shown no remorse. In fact, when shown the CCTV footage in court, he adamantly denied being the person captured stealing the mobile phone at Home Again Mini-Market. This display of dishonesty and lack of accountability is concerning and indicative of a hardcore criminal mindset.
I have taken judicial notice of the pervasive issue of theft in this jurisdiction. Thieves have instilled fear in our society, turning thievery into a profitable trade. They show no regard for their victims, sparing no one from their criminal acts. While the court may consider showing mercy to the convict, it is imperative that society be protected from the scourge of thievery.
The convict is a disciplined thief, willing to go to any lengths to carry out his criminal activities. While I may feel inclined to show mercy towards the convict, I cannot overlook the cruel actions he inflicted upon his victim. Therefore, the society needs complete deliverance and sanctuary from the likes of the convict. His presence in the society can only cause havoc and terror.”
