FOROYAA Newspaper (Serrekunda)
Fabakary B. Ceesay
9 November 2009
Lieutenant Colonel Gibril Bojang, the demoted and dismissed Commander of the State Guard was on Friday 6th November, sent to a mandatory jail term of two years, by Principal Magistrate Emmanuel Nkea, of the Banjul Magistrates' Court. Lt. Colonel Bojang's sentence was based upon his own plea of guilty to the two counts of theft preferred against him by the State. He was also ordered to pay D1, 110,060, in default to serve an extra two years in jail.
Magistrate Nkea asked him whether he had secured the services of a lawyer to defend him. Lt Colonel Bojang told the Court that he does not need a lawyer to defend him.
Lt. Colonel Bojang was charged under count one as "Theft" contrary to section 245 (1) of the Criminal Code (CC). The particulars of offence indicated that Gibril Bojang between the months of May and June 2009, at State House in Banjul and in diverse places in The Gambia, stole an amount of D380, 750, being the rightful owner of Kanilai Farm and used it to other purpose other than that of the purpose of Kanilai Farm. Lt. Bojang said, "I'm guilty base on my own statement". Magistrate Nkea looked at him with amazement and asked him whether he understood the case and charge against him. Mr. Bojang said he understood very well and that he was guilty of the crime.
Count two is also "Theft," contrary to section 245 (2) (a), punishable under section 252 of the Criminal Code. The particulars of offence stated that Gibril Bojang in the months of May and June 2009, with intent to steal D7021, 056 being the property of Kanilai Farm, and thereby committing an offence. Lt. Colonel Bojang repeated the same sentence, "I'm guilty based on my statement".
Lt. Colonel Bojang told the Court that the incident happened when he was the Commander of State Guard. He stated that he used the money to improve the welfare of his unit that he was commanding. He said he had explained that to "H.E". He added that he had intended to pay back the money and had already paid D25, 500.
Magistrate Nkea told him that based on the facts adduced before the Court, he found him guilty as charged on both counts.
Prosecutor, Chief Inspector Lamin Badjie also told the Court that the convict had paid an amount of D25, 500 to the Kanilai Farm account. He also said Bojang is a first time offender.
In his plea in mitigation, Lt. Colonel Bojang told the Court that he is 44 years old, with a wife and four children. He said he is the only son of his father. He said he did not know the maximum sentence of theft, but had accepted his conviction in good faith and as a man. He said whatever the Court imposes on him he would take in good faith.
Before Magistrate Nkea passed the sentence, Lt. Colonel Bojang's wife, who was in Court was weeping and wailing and almost threw herself on the Court floor. Magistrate Nkea ordered for her to be escorted out of the courtroom. A police man and a relative grabbed her by the arms and dragged her out of the courtroom. Lt. Colonel Bojang could be heard telling her to care the children in the Jola language. Magistrate Nkea ruled that he heard the mitigation of the convict and that he understood that the convict was very remorse of the incident. He also ruled that the convict was a senior member of a disciplined force and his action would not tell well and is not expected of a senior member of the force. He sentenced Lt Colonel Bojang to two years each on both counts, but to run concurrently. He also ordered him to pay back Kanilai Farm the sum of D1, 110,00.86 in default to serve another 2 years in jail, marking it to 4 years.
It could be recalled that Lt. Colonel Gibril Bojang, formerly State Guard Commander was demoted to private and dismissed from the Gambia Armed Forces by the Commander-In-Chief on 21st October 2009.
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