The police prosecution led by inspector Manneh, on Thursday presented five-count charges of conspiracy, forgery and making false document, against two Nigerian nationals at the Kanifing Magistrates’ Court presided over Magistrate Jobarteh.
The two accused persons Cruno Benni and Chucosi Luma, arraigned and took their pleas to the charges filed against them. The first accused pleaded guilty to all the counts charged, on grounds that the crime was committed without the necessary intention to do so. But the presiding magistrate advised him to wait for his plea mitigation, which will enable him to say all what he wanted to tell the court about the commission of the crime,as to whether it was intentional or not.
The second accused pleaded guilty to only count-five of the offence. The statement of offence on count one revealed conspiracy and the particulars stated that, the duo on or about 15th March 2014, in the Kanifing municipality and diverse places within the Republic of the Gambia, in act and actions, forged a Gambian biometric ID Card Tin number by inserting an affix on it, thereby committed the offence.
Statement on count two was forgery, contrary to section 318 and punishable under section 322 of the criminal code, laws of the Gambia.
The particulars stated that, the duo on the said date and place, forged a Gambian biometric ID Card and affixed the name of Chucosi, thereby committed the offence.
Count three relates to the making of false document, contrary to section 320 and punishable under section 322 of the criminal code, laws of the Gambia; and the particulars stated that, the duo on the said date and place, altered and endorsed a biometric ID Card number and affixed the name of one Chucosi, thereby committed the offence.
Count four relates to staying in the Gambia, without regularizing their residential statues, contrary to section 6 of the Immigration Act, Laws of the Gambia.
The particulars stated that the accused person failed to regularized his pass or permit to stay in the Gambia, thereby committed an offence.
Similar offences were contained in the last count (five) and the duo all pleaded guilty to the offence charged.
However, the accused persons all applied for bail on the grounds that they will comply with terms and conditions of the bail once granted.
The police prosecutor, thus objected to the bail application made by the two accused persons and advance what he called cogent and compelling grounds for the court to deny bail to the accused persons.
He said his objection to their bail application was as a result of the following; first the second accused has confessed to the police that, he is a squatter, meaning he is a homeless man, having no house to live, hence he is living in a poor carriage.
The second reason he said was because the second accused since his arrest and detention to date, refused to lead the police to his house for investigation. These according to the police prosecutior are some of the reasons why the court should not grant bail to the accused persons.
According to the prosecutor, granting bail to the accused persons, will be detrimental to the case, noting there is high probability for the accused persons to jump bail, which will harm the case.
Still commenting on the need for the court to refuse bail, the police prosecutor made reference to the pleas made by the accused persons. He said, the duo both pleaded guilty to some of the counts and granting bail will facilitate their jumping bail and that would be very fatal to the case.
This brought the prosecutor back to refusal of the first accused to led police to his house, hence he applied for the said accused to be paraded on TV to that effect.
However, the Presiding Magistrate objected to this particular position of the application and said, he will not entertain that application. The court refused bail and ordered for the accused persons to be remanded till the next sitting, when the prosecutor will narrate facts of the case, before conviction and sentence of the first accused based on his own plea of guilt to the charges. The court will have to proceed with trial of the second accused on counts he pleaded not guilty to.
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