A man convicted by Magistrate Momodou L Bojang at Kanifing Magistrates’ Court on Monday had begged the court to exercise mercy and not to impose a custodial sentence on him, appealing to the magistrate to consider the plight of his newborn baby.
Convicted on two-count charges of reckless and negligent act and permitting unlicensed driver to use his vehicle, Ousainou Mboob said his wife gave birth just last week and he needs to take care of her and the baby.
“I am begging the court to temper justice with mercy on me because I am a family man. My wife gave birth to a baby girl last week and I need to take care of them since I am the breadwinner,” Mboob pleaded before Magistrate Momodou L Bojang.
Magistrate Bojang however sentenced Mboob to pay a fine of D2, 500 in default to serve 6 months in prison. He also ordered him to pay an added D2, 000 in default 3 months in prison and a compensation of D250, 000 to the victim, failure of which the victim can take civil action against him.
He was charged with reckless and negligent act and for permitting Fabakary Badjie to drive his vehicle without a driving licence leading to an accident along the Brusubi-Sukuta Highway.
Magistrate Bojang said the evidence of the victim in the accident disclosed that he had sustained a fracture in his left leg and was taken to Dakar for medical treatment. He said the victim claimed that he spent D158, 000 on medical bills and had tendered his medical report and X-Ray from a Dakar hospital, which were admitted in court as evidence.
The presiding magistrate added that Mr Mboob’s evidence in record stated that Fabakary Badjie was his (Mboob’s) friend and driver. He said Badjie borrowed the car from Mboob, got involved in an accident and he (Bagjie) left the car and ran away.
He said Mboob did not even bother himself to ask for Fabakary Badjie’s driving licence to ascertain whether it was valid before letting him the car. “In The Gambia, a driving licence is renewed annually, failure of which renders it invalid,” the magistrate said.
by Meita Touray