Lawyer O.D Mbye convicted
Friday, June 08, 2012
Lawyer Omar Dodou Mbye best known as O.D Mbye was Thursday, June 7th 2012, convicted by Principal Magistrate Tabally of the Kanifing Magistrates’ Court, whilst his co-accused, Sulayman Khan was acquitted and discharged.
The convict was sentenced to a fine of D250, 000 in default
to serve 12 months in jail, and a compensation of D450, 000 in default to serve
3 years in jail. The Court further ordered the sum to be paid within two weeks,
failure of which the convict shall serve a concurrent jail term.
It would be recalled that the convict was standing trial on
three counts ranging from conspiracy to commit a felony, obtaining money by
false pretence, and issue of false cheque contrary to the Laws of The
Gambia.However, the accused was
convicted on one count of obtaining money by false pretence and was sentenced
In delivering his judgment, Magistrate Tabally told the
court that there is not enough evidence before the court on the charges of
conspiracy and issue of false cheque.He recalled the accused person’s defence in chief [in] which he told the
court that he dealt with the complainant in his capacity as a lawyer and that
the cheques issued were not taken to the bank.
Meanwhile, in the case of the second accused, the presiding
magistrate said the evidence on record does not indicate that the second
accused has conspired or obtained money by false pretence.He therefore acquitted and discharged Sulayman Khan.
In his plea of mitigation, O.D Mbye appealed to the court to consider the circumstances of his status as a senior lawyer serving the Bar for 32 years with no previous conviction. “I am 68 years old and I was a member of the Judicial Service Commission for 10 years and also Prison Service. Therefore, it will be terrible if I have to be sent to jail where I might meet people who were convicted in those years,” he pleaded.
Lawyer O.D Mbye then appealed to the court to give him a month’s duration for the payment of the said sum.He based his mitigation on Section 267 of CPC, begging the court to allow him to go home.“Your worship, I am a father of seven, three of whom are young. You are a father as well; therefore fine me under Section 267 and 259 and allow me to go home,” he appealed.
The prosecuting officer, Sgt. Kinteh also sited Section 145 of the CPC to be read with Section 31 of CC for sentencing the accused with regards to the section cited by the convict. The prosecutor relied on the exhibits tendered; saying “I am applying for the convict to pay the amount forthwith after his conviction. The accused was given ample time to pay but failed to do so, therefore giving him a month will bring us back to the same position, he submitted.”
The magistrate then delivered his judgment and urged the lawyer to pay within two weeks.
Author: Meita Touray