The former director general of the Gambia Prison Services has been convicted and sentenced to a fine of D3,000 in default to serve two months in prison by Principal Magistrate BY Camara of the Banjul Magistrates Court.

David Colley was found guilty of stealing a generator donated to the Juvenile Wing of the Old Jeshwang Prison in 2004.

However, the court acquitted him on the count of allegedly stealing D27,000, being proceeds generated by the tractor belonging to the prison.

Handing down his judgement in a crowded court yesterday, Principal Magistrate Camara ruled there is no evidence indicating that the D27,000 was given to the accused and that the court was not shown the book in which the monies were recorded. He also ruled that there is no receipt to acknowledge the receipt of D27,000 from Edrissa Camara. The magistrate then declared that the prosecutor failed to prove his case on count one beyond reasonable doubts.

On count two, the principal magistrate said, "If you borrow, you should carry". He told the court that the accused failed to return the generator after too many requests by the accused's successor and the interior minister (secretary of state), Babucarr Jatta.

He said the mere fact that the accused left the generator at the mechanic workshop for the past four years compels the court to believe that there was an intention not to return the generator. He also noted that the accused did not make any effort to return the generator.

In his plea of mitigation, Lawyer Antouman Gaye, counsel for the accused urged the court not to impose a custodial senrence on the accused, saying that his client would not survive  a custodial sentence at a place he had served as director general.

Mr Gaye said the 42-year old is married with four children, some of whom are very young, noting that the accused had served the country since 1976.

However, Principal Magistrate Camara concluded that the offence has already been committed, maintaining that the children at the Juvenile Wing have been deprived of the benefit of the generator.

Acknowleding the long service the accused rendered to the country, Principal Magistrate Camara ruled that he would not give the chance for people to say that the "country betrays her fallen heroes".

He ordered Mr Colley to restore the generator to the Old Jeshwang Prison by the end of this month (December 31) and sentenced him to a fine of D3,000, in default to serve a two-month imprisonment.