The High Court in Banjul has convicted and sentenced two British nationals Abdirizak Hersi and Faysal Ahmed Jama to serve various jail terms.
It was revealed that the two sometime in the month of November 2013, around the Senegambia area intentionally used a sim box to divert calls from the international gateway occasioning a loss of D118,169.36 to Gamtel/Gamcel. The convicts sometime in the month of November 2013 around the Senegambia area conspired with one Dualle Warsame who is now at large to defraud Africell, Qcell and Comium the total sum of D127, 680.59 by using a sim box to divert calls from the international gateway.
On count one, each of the convicts was sentenced to imprisonment for three years and in the alternative to pay a fine of D118, 169.36, as it is also adjudged under section 145 of the Criminal Procedure Code that the convicts shall pay the sum of D188,169.36 as compensation to Gamcel and all other GSM companies involved for the loss incurred as a result of their action. Each of the convicts was sentenced to imprisonment for three years, and in the alternative to pay a fine of D80, 000.00 each.
Justice Mikailu who presided over the case also ordered that the sentences as to the imprisonment shall run concurrently, whilst the sentences as to the fine shall run cumulatively, further stating that pursuant to section 299(A) (1) of the Criminal Procedure Code , if both convicts failed to appeal within the time allowed by law, the principal registrar of the High court shall within 30 days after the expiration of right of appeal return the exhibits to the state, through the Office of the Attorney-General being the party that tendered the said exhibits in evidence.
Justice Mikailu declared that if any of the convicts failed to pay the compensation the court has ordered, the convict shall spend additional three years in prison.