By Amadou Jadama
Principal Magistrate Muhammed Krubally of the Banjul magistrates’ court on Thursday convicted and sentenced one Njaga Darboe to a mandatory jail term of five years, for stealing D25,000 from the house of Aji Mamey Gomez in Banjul.
The convict was further asked to pay D17,000 compensation to Gomez, or serve one year in prison with both sentences to run consecutively.
Darboe was convicted following his guilty plea to a single count charge of stealing from a dwelling house.
But in passing the sentencing, the court took into account the fact that Darboe was previously convicted ten times at various courts in the country.
Darboe who was not represented by a lawyer, pleaded guilty to the charge, saying: “The woman as the complainant herself came to me and said let me give her at least some of the money to forgive me.”
At this juncture, presiding magistrate Krubally said the admission by the accused inclined him to straight away enter judgement against him base on his own voluntary judicial confession to the charge in opened court.
“I accordingly enter judgment in favour of the prosecution against the accused in accordance with Section 75 of the Evidence Act 1994 which states that facts admitted need no further proof.
It is crystal clear that the accused did not challenge the facts and allegation and I therefore deem that the charge preferred against him is established without doubt,” the magistrate said.
Before sentencing the convict, the magistrate asked from the prosecution whether the accused in their record has any previous criminal record or conviction. He was told the accused was convicted ten times before.
“So we submit that the court does not extend any mercy to the accused as he is a hardened criminal,” Prosecuting Officer ASP E Sarr, begged the court.
The magistrate subsequently imposed a 5-year sentence on Mr Darboe. ”Perhaps he could be engaged in meaningful skills therein”, Magistrate Krubally said.
