Oley Sey And Co Accused Convicted!!!
……As Court Slam Six Months Mandatory Jail Term
By Staff Writer Landing Badjie, Banjul
On Friday 23rd January 2009,the Banjul Magistrates' court presided over by Magistrate Lamin George convicted the expelled nominated National Assembly member Madam Oley Sey and her co-accused Mr.Abdourahman Bah, the coordinator of the Junkung Jammeh Memorial Nursery School in Abuko to six months mandatory jail term at the state central prison of Mile Two.
Delivering judgment Magistrate Lamin George told the crowded courtroom that the accused persons conspired to commit felony and theft and that the prosecution had proven its case beyond reasonable doubt.
On count one the accused persons were fined to the sum of D25,000 for conspiracy to commit a felony contrary to section 368 of the criminal code cap 10 vol.iii, in default to serve three months imprisonment. Count Two states that theft contrary to section 245 punishable under section 252 of the criminal code sentenced both accused to (6)months mandatory jail term.
In the same vein the court also ordered the accused persons to make a compensation payment of D200,000 to recover the lost D200,000 to the community of Abuko.
The prosecution applied section 145-for compensation of lost properties and section 147-for the D200,000 to be returned to the rightful owners.
Mitigating on behalf of his client, defence counsel Lamin S.Camara told the court that Oley Sey is a young lady and a first offender; that she never had a brush with the law. He mitigated that Oley Sey was a staunch supporter of the ruling APRC Party and served the position of nominated National Assembly member till her day of expulsion .
Defence counsel Camara further told the court that Oley Sey had rendered valuable services to the nation. He begged that as human being she is bound to make mistakes like any other person. Counsel Camara said that the accused has a young child and she is the breadwinner of her family, adding that custodial sentence will affect her child and her family. He finally urged the court to temper justice with mercy.
Mr.Abdourahman Bah the second accused in his mitigation told the court that he is a young man with a good intention for the country and therefore apologizes for mercy, alleging that it was the first accused Oley Sey, who put him in this mess.Mr.Bah added that he is the breadwinner of his family; that he will not tarnish the image of Madam Oley Sey.He told the court that on the day of resurrection Oley Sey will pay for the lost D200,000.
It could be recalled that during the trial four prosecution witnesses gave evidence. They are Mayor Yankuba Colley of KMC,the Alkalo of Abuko,Police investigator Omar Tunkara and the headmistress of Abuko Lower Basic School.
Earlier on, the defence counsel Lamin S.Camara submitted a "no case to answer” after the prosecution closes its case. The submission was however overruled by magistrate Lamin George, adding that a "Prima Facie"case has been established against the first accused Oley Sey.
Madam Oley Sey opened her defense but did not call any witness,whlie his accomplice Mr.Abdourahaman Bah who represented himself called one witness in support of his defense.
Madam Oley Sey and Mr.Abdourahman Bah were dragged to court since last August 2008 on the charges of conspiracy to commit felony and theft. Cadet inspector Amadou Keita represented the Inspector general of police.
The judgment was delivered in a courtroom full to capacity with family members, friends and loved ones and well wishers.