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toubab1020
12306 Posts |
 Posted - 28 Feb 2011 : 14:18:20
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The complainant is not really interested in going to court so the prosecution had no alternative to ask for the case to be withdrawn,the magistrate therefore had no option than to discharge the defendants through lack of prosecution,however,"The reason advanced by the prosecutor was that the complainant told him that he had no time to appear in court, because he is a senior banker in Dakar, and would like the case to be heard either on a Saturday or Sunday." Seems a little peculiar being in mind that the allegations relate to a total of CFA 76 MILLION.
VERY STRANGE INDEED.
I also don't understand why the reporter mentions the bail conditions,perhaps it is the case that the defendants couldn't meet the bail conditions and appeared in court in custody.If the defendants appeared before the court and thereby surrendered to their bail and were subsequently discharged then any question of bail does not apply.
http://thepoint.gm/africa/gambia/article/two-guineans-gambian-discharged
Two Guineans, Gambian discharged
africa » gambia
Monday, February 28, 2011
Babucarr Baldeh and Sheikh Omar Susso, Guineans, and Amadou Jogo Sowe, a Gambian, were on 23 February 2011 discharged by Magistrate Tabally of the Kanifing Magistrates’ Court.
This development followed the application made by the prosecuting officer, Inspector Mballow, to withdraw the case against the accused persons.
The reason advanced by the prosecutor was that the complainant told him that he had no time to appear in court, because he is a senior banker in Dakar, and would like the case to be heard either on a Saturday or Sunday.
According to the particulars of offence on the charge sheet, the accused persons in September 2010 at Serekunda, with intent to defraud, jointly conspired amongst with others to commit a felony to wit fraudulently defrauding one Vincent Edward Njie of CFA 3 million.
The particulars on count two stated that Amadou Jogo Sowe on 4 November 2010, in Dakar, Republic of Senegal, with intent to defraud, jointly conspired with two others to commit a felony to wit fraudulently defrauding one Mustapha Taal of CFA 73 million.
They all pleaded not guilty of the offence charged.
They were granted bail on the following conditions: that the two Guineans should produce two Gambian sureties in the sum of D250,000 each who should swear to an affidavit of means. The Gambian was granted bail of D2, 000, 000 with two Gambian sureties in like sum, one of whom must deposit title to property situated within the jurisdiction, and of the same value.
Author: Dawda Faye
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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