Acting Principal Magistrate Kebba Baldeh of the Banjul Magistrates’ Court yesterday discharged Sulayman Hydara, proprietor of Hydara Foreign Exchange Bureau who was charged with theft by prosecutors.
When the case was called for hearing, the police prosecutor Inspector S Sanyang applied to withdraw the charge against the accused person and sought to tender the affidavit of the withdrawal dated 5th October, 2016 sworn to by the deponent Lagami Touray.
It was alleged that sometime in the month of April, 2016 in Banjul, Hydara’s agent, one Ansumana Tunkara in Dubai received an amount of one hundred thousand US Dollars from one Suwaibou Gumaneh for onward transmission to one Lagami Touray, the beneficiary, which he failed to deliver.
Hydara’s defence attorney, Antoumana AB Gaye objected to paragraph 2 of the affidavit, saying that the paragraph indicated that the accused person was involved in a theft trial which is yet to be proven by the prosecution. He did not however object to the withdrawal of the case.
Prosecutor Sanyang then applied for the said paragraph to be omitted since the deponent is out of the jurisdiction and he doesn’t know when he will return.
The presiding magistrate discharged the accused person pursuant to Section 68 of the Criminal Procedure Code.
by Amie Susso & Awa Gassama