Justice Isatou Janeh-Njie of the High Court at Kanifing yesterday convicted and sentenced Bakary Sarr, High Court Assistant Bailiff, to a fine of D25,000 on count one (fraud) in default to serve one year imprisonment and D50,000 on count two (obtaining money by false pretence) in default to serve eighteen months imprisonment. The convict was also ordered to pay to the complainant the sum of D1,056,000 as compensation or in default, to serve two years imprisonment.
In her judgement, the presiding judge told the court that the convict was arraigned and charged with fraud and obtaining money by false pretence. She summarised the evidences of the two prosecution witnesses and the evidence of the convict.
She posited that the prosecution should prove the case beyond reasonable doubt, and that the elements and the ingredients of the offence charged should be proven by the prosecution. She further stated that the evidence of the complainant was not challenged by the convict. “The evidence of the convict before the court and his evidence at the police are totally different. He gave the complainant the impression that the land he was selling to the complainant belongs to the Sheriff Division which was false. He should know better, as he is a judicial staff. He is not a witness of truth,” she told the court.
Sub-Inspector Colley, who represented the IGP, applied under Section 145 of the Criminal Procedure Code for the convict to compensate the complainant a sum of D1,056,000. His application was subsequently granted by the presiding judge.
Bakary Sarr, in his mitigation, pleaded to the court to temper justice with mercy. “I am a first-time offender and a family man. I beg the court to consider my health condition. I will lose my job if I am sent to prison. I am married with two wives and 10 children,” he pleaded with the court.