Supt Sanyang acquitted

Senior magistrate Kayode Olajubutu of the Banjul Magistrates Court, yesterday, delivered his judgment in a five-month long trial, which ended with the conviction and sentencing of Lt Bakary Camara, to one year six months jail term and Dominico Fedeli, an Italian, to five years imprisonment.

The court found Supt Manlafi Sanyang, a former head of Vehicles and Logistics Unit at the State House, not guilty and, accordingly, acquitted and discharged him.

However, Mr Fedeli, was not in court at the time of the judgment. Both Lt Camara and Mr Fedeli were convicted on all the three counts, including conspiracy and theft. The offences contravene Sections 368, 252 and 114 of the Criminal Code Cap 10 Volume III, Laws of The Gambia.

Handing down his judgement, Senior Magistrate Olajubutu sentenced Lt Camara to one-year six months on counts one (conspiracy to steal), count two (stealing) and  count four (giving false information to a public officer). He then sentenced Dominico Fedeli to two years on count one and three years on count two. Count three, which was similar to count one, was expunged from the charge sheet, earlier on.

Proceeding with his judgment in a crowded courtroom, the senior magistrate said he had gone through the evidence adduced before the court by both the defence and prosecution, noting that six prosecution witnesses had testified. Giving the summary of the trial, the magistrate said lawyer Sheriff Tambedou, counsel for the third accused person, Dominico Fedeli, had opened defence for his client, while lawyer Lamin Camara, the counsel for first and second accused persons did not open defence, but instead gave an address to the court.

"The court has listened carefully to the evidence in the case and it is convinced that there was indeed a conspiracy between the first and third accused persons to steal the vehicle in question, Sanyong Karando, with registration number BJL 4063B," he said, alluding to the evidence given by witnesses in court and documents tendered and marked as exhibits.

He said the conduct of the first accused person, Lt Bakary Camara, was a clear manifestation of "betrayal of trust", adding that "to whom much is given, much is expected".

The first accused, the magistrate continued, went outside the contractual agreement between the third accused person (Dominico Fedeli) and his employer, the Kanilai Farm Ltd. According to him, Supt Sanyang was acting "innocently" in the transfer of the said vehicle. "If Manlafi Sanyang should be convicted then, Mr Faburay, the head of Police Licensing Department, should also be convicted for participating in the transfer of the vehicle," he said.

The team of defence counsel, led by Sheriff Tambedou, urged the court to tamper justice with mercy. Lawyer Camara told the court that his client was a very loyal armed officer to the president and that he had offered his services to the Republic of The Gambia and the Gambia Armed Forces, where he spent almost half of his life.

Lawyer Camara told the court that sentencing the accused to a custodial sentence would be an irreversible and a serious consequence for his family. According to him, Lt Camara is the breadwinner of his extended family of about 60 people. "He is a married man with children of school going age. The wife is right here in court," Lawyer Camara begged the court. For his part, Lawyer Tambedou said his client is an Italian, who is married. He argued that sentencing him would mean sentencing his wife as well.

Modou Jawara, surety for Dominico Fedeli, informed the court that he had bailed the accused with ignorance of the implications of the accused breaching the bail condition. Mr Jawara, who was pressed to explain the whereabouts of the escaped Italian, said he had deposited a title deed of his compound in the sum of D250,000 with the registrar of court.

Senior Magistrate Olajubutu later ruled that the surety either forfeit his title deed, which is already in the custody of court or pay the surety amount of D250,000.