The Point (Banjul)

4 July 2014

Gambia: Driver Found Liable for Rash and Negligence

One Modou Dibba, a driver tried for rash and negligent conduct causing death, was Wednesday convicted and sentenced by Magistrate Dayo of the Brikama Magistrates' Court, to a fine of D20,000, in default to serve 6 months in prison with hard labour.

Delivering the judgement, Principal Magistrate Dayo Small told the court the accused person was brought before the court on 29 November 2013 and charged with rashness and negligence causing the death of one Momodou Lamin Badjie, the former permanent secretary at the Ministry of Local Government and Land.

He said challenged by the plea of the accused person, the prosecution called witnesses to prove their case.

He highlighted the evidence as adduced before the court by both the prosecution witnesses and that of the accused person.

According to the magistrate, he looked at the testimony of the first and the fourth prosecution witnesses who both stated that the accused person caused the accident, as he was driving in rash and negligent manner.

He said the sketched plan also satisfied the court as it indicated that the accused person was driving in rash and negligent manner and even the photograph taken at the scene corroborated with the statements of the first and fourth prosecution witnesses. Author: Yai Dibba

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