Alleged theft pleads not guilty, Defense lawyer applies for Bail
By Mama A. Touray and Nicholas Bass
Lawyer Bubacarr FM Colley, Defense for the accused, Modou Lamin Ndow, on Monday, at the Brikama Magistrates’ Court, Presided over by Magistrate Ebou Sowe applied for a bail for his client.
Testifying in the case the PW1 Sheriff Muhammed Jarju said a thief broke into his house while he went out with his friends at Diamond Lounge in Senegal while his wife Abibatu Saidy went to visit his parent at Sibanor.
He continued that anti-crime went round verifying the damages within the premises, and they went to his neighbors for CCTV footage but he said they were told that CCTV was not working and the other one said there was no light but fortunately he used his 14pro max to track it.
“At the time I was tracking the accused was in Diganteh Sunchu Alagie and Sunchu Sorri, the next day I drove to Diganteh Sunchu Alagie and Sunchu Sorri, the mobile took me to where the accuse person stood which was on the highway,” he said.
He continued that the location later changed from Diganteh Sunchu Alagie and Sunchu Sorri to between Bansang and Barajali. “We finalized that we are going to Bansang and we went while we were on our way the accused was also driving his car coming in double signal.
“When the officers reached they called him Ndow and he called one of the officers Ceesay. He was in his car the officers searched him and found him in possession with my watch, ear pod, spray then I told them the items are mine, they are stolen items,” he explained
He added that the Anti-crime brought the accused to my house to explain how he broke into the house.
However, Lawyer Colley, in his submission said “the accused person is a family man with responsibilities. Prosecution cannot say investigation is pending having seen the items alleged to have been stolen before this honorable discharge court. Since bail is entirely under the discretion of the court, we urged the court to grant the accused bail,” he submitted.
Meanwhile, ASP Oley Bobb objected to the bail application saying “the accused is a nightmare in the communities of The Gambia, and if granted bail he might cause a similar offense.”
She added that more items are yet to be recovered by the Anti-crime and that if the accused is granted bail he might tamper with their evidences.
According to count one of his offense one and particulars, Modou Lamin Ndow, on the 18th of January 2023, at Brufut height around noon onwards broke into the house of Sheriff Muhammed Lamin Jarju and Abibatu Saidy with intent to commit a felony.
The count two and particulars of his offense stated that Modou Lamin Ndow on the 18th January 2023 at Brufut stole the following items.
1. Fiscal cash of $15,800 equivalent to D948,000
2. Two gold set of jewelries of $4000 equivalent to D240,000
3. Gucci purse valued at $1079 equivalent to D64,740
4. Aido purse valued at $60 equivalent to D3,600
5. Silver crystal necklace valued at $33 equivalent to D1,980
6. Two apple laptop MacBook Air X2 all valued at $1200 equivalent to D72,000
7. Apple ear pod valued at $250 equivalent to D15,000
8. Apple watch valued at $438 equivalent to D26, 280
9. Two MK watch $350 equivalent to D21,000
10. Male diamond watch $445 equivalent to D26,700
11. Male designer perfume $250 equivalent to D15,000
12. Apple charger $40 equivalent to D2400
13. Total valued at D1, 436,700 the property of Sheriff Muhammed Jarju and Abibatu Saidy.
Meanwhile, Magistrate Ebou Sowe adjourned the matter to 13th February 2023 at 10:30am for ruling of the bail.