IN THE HIGH COURT OF THE GAMBIA HELD AT BANJUL

BETWEENIN THE HIGH COURT OF THE GAMBIA HELD AT BANJULON THE 14 DAY OF APRIL 2011 BEFORETHE HONOURABLE JUSTICE J.E IKPALA, HIGH COURT JUDGEAccused - PresentAppearancesA. M. Yusuf for StateE. M. Sissoho for the AccusedCRIMINAL CASE NO. HC/356/09/CR/082/AOTHE STATEVsALKALI DAMPHAJUDGMENTOn the 15 – 9 – 2009 the accused person Mr. ALKALI DAMPHAformer interpreter in the Services of The Judiciary of The Gambia wascharged on two Counts Offences before this Honourable Court. InCount I he was charged for obtaining good by false pretencesContrary to Section 288 of the Criminal Code, while in Count 2 hewas charged for forgery of Judicial or Official document contrary toSection 324 of the Criminal Code. The accused denied each of theCounts of charges against him.To prove his case the Prosecution called three witnesses andtendered two Exhibits numbered ‘A’ and ‘B’ which exhibits arevoluntary and Cautionary Statements respectively. The Accused gave

evidence in his defence. He did not call any witness. He did nottender any exhibit.Count IFor the purpose of reminding us I repeat that Count I allegeobtaining good by false pretences contrary to section 288 of theCriminal Code. The particulars of the offence allege that the accusedbetween February and March 2009 at diverse places in The Gambiawith intent to defraud one Cariline Mary Burton obtained sum totalone thousand pounds (1000) from her said for the purpose ofmaintenance of Michael son of Cariline Mary Burton standing trial atKanifing Magistrates’ Court. The Prosecution through tendered theVoluntary Statement of the Accused without object. The Prosecutionagain through Pw3 Mohammed Kuyateh a Police Cadet Inspectortendered the Cautionary Statement written by the accused himselfagain without objection as EXHIBIT ‘B’.In Exhibit ‘B’ the accused admitted collecting a total sum of TwoHundred and Sixty pounds (260.00) only as against the 1000 poundalleged against him. He admitted using part of the money tomaintain Michael son of Cariline Mary Burton while the other part isfor himself. Let me hastily say here even at the risk of repetition thatthe accused was an interpreter in Kanifing Magistrates’ Court whereMr. Michael whom he now maintained was standing trial. Whether it

is 1000 as alleged by the Prosecution or 260.00 as admitted by theaccused, does it make the offence less. I do not think so becausethe law is trite that once a debt is admitted, the exact amount isimmaterial.See MACAULAY V NAL MERCHANT BANK LTD(1990) 4 NWLR (pt.144) 283KENFRANK (NIG) LTD V UBN. PLC(2002) 8 NWLR (pt.789) Pg. 46 AT 73The duty of an interpreter in the Services of the Judiciary of TheGambia is one of common knowledge. It certainly do not includecatering, maintenance, or serving a prisoner in the Custody of thePrison authority as Michael son of Cariline Mary Burton was when theaccused abdicated his lawful duty. Finally I find Count I provedbeyond reasonable doubt and the accused is found guilty as charged.Count 2This Count alleges forgery of dedicator official document Contrary toS.324 of the Criminal Code.Pw2 Kanjura B. Sambou the Assistant Registrar, Kanifing Magistrates’Court said his attention was drawn to a document purportedly signedby him in the case file of magistrates’ Court 1. The clerk of Courtcalled his attention to the said document which document demanded

or requested from the Medical Authority the medical history on anaccused person. He said that having confirmed that he neveroriginated the vexed letter, he sought the assistance of Mr. Touray aPolice Prosecutor to unravel the mysterious writer of the requestshortly afterwards Mr. Touray came with a finding that the accused isthe Culprit and when he confronted the accused he begged andapologized. The witness said the found it too much to keep forhimself and so had to report the Judicial Secretary H. Jaiteh who inturn called in the Police. Pw1 Abdou Cham Police defective recordedthe Voluntary Statement of the accused which was admitted withoutobjection as EXHIBIT ‘A’. In Exhibit ‘A’ the accused admitted theoffence.Meanwhile in his evidence on oath the smartness in the accused wasbrought to the fore. He retracted his Statement Exh. ‘A’ and deniedit in his little wisdom that appears to him as large as that of Solomon.This is what the accused said:“I have never forged any judicial document. I canrecognize Exhibit ‘A’ and I never made it. I neverrealize that I will be taken by surprise whenExhibit ‘A’ was admitted without objection”.The above is a record of evidence in chief and not cross examinationand he was led by his Counsel E. M. Sissoho who also appeared for

AMOSHIMA V STATE (2009) 4NCC 280 at 345IKEMSON & ZORS V THE STATE(1989) 6SC (pt. ……) 114.Above all comparing the signatures of the accused on Exhibit ‘A’ withthat on Exhibit ‘B’ which he never resiled or retracted I found themregular and I hold that they were from one and the same person, theaccused person.Finally I find Count 2 proved and the accused is found guilty aschargedAllocutus:Court:Mr. Alkali Dampha you have been found guilty on each ofthe two Counts Offences against you, have you or your Counselanything to say before sentence is passed on you.Accused:-I accept the accept the judgment in good faith.This is my first trial in Court of law. I am married with 2 kids. Tilltoday I am under suspension without job and the survival of myfamily is mine. I pray for mercy. I promise that it will never occur.Defence Counsel: I pray you under S.29 of CC to fine and not acustodial sentence. I pray you for a fineinstead of a custodial punishment. The Court

are enjoin to be mindful of exposing first timeoffender to Prison Authority.Nyabally v State(1997 - 2001) GR.Court:Any one who have the privilege of working in theJudiciary should be an epitome of integrity honour,transparency and humility because the Judiciary is thebastion of hope for the common man. Even if the societytumble into decay the Judiciary should not so as to givethe remnant of society the hope that Judiciary is, to puttheir pieces together and forge ahead. I am particulartouch by the plea of mitigation by the accused as well asthe adumbration by Counsel on his behalf. But let mewarn those who will stay in the service of the Judiciaryand smear its name that they will pay dearly for it. Forthe accused I will head to his plea and temper Justicewith mercy.Sentence:Count I:The Accused is fined the sum of D4,000 or serve a term of 2yrsimprisonment.

Count 2The Accused is to pay a fine of D6,000 or serve a term of 4yrsimprisonment.You are reminded of your right of Appeal.J. E. IkpalaJUDGE14/4/2011