Musa Yali Bathily, Gambia Action Party’s Secretary General last Monday appeared before n Kanifing Court for the third time to answer on the allegations of obtaining money by false pretense and fraud, scandalous offences in the country.
During his previous appearance, a witness who also doubles as the complainant gave evidences against him. Modou Mbye, the witness said that, ‘’his sister was the one who wanted a house in Gambia, and later he met Mr. Bathily, who said he has a house for sale, and the price was about two million dalasi. After the sum of money was deposited and a vehicle worth about five hundred thousand dalasi was handed over to the accused, they asked for the necessary documents of the property from him to be transferred.
He added that they followed him for a long time but none of it was produce by the accused. Later, he said that when were exhausted about the matter they demanded for their money to be paid back, but he never return the money back.
He went on explained that they later came to know that the property, which the accused presented as his own, was owned by one Salifu Bathily, who is believed to be the accused’s brother. “Salifu Bathily was in Angola according to another brother of Mr. Bathily. He was selling the property, but in fact for three million, instead of two million,’’ the witness added.
According to the witness he later reported the matter to the Police.
However, on Monday the 9th of November, the investigator of this case appeared before Principal Magistrate Isatou Janneh Njie of kanifing Magistrate Court as a witness.
‘’Mr. sowe, you said, you prepared the investigation report. Are you the one who proffered this charge of false pretence, and what are your reasons for proffering this charge?’’ defense counsel asked.
The witness answered affirmative that “yes!” that he proffered the charge because the witness admitted in his statement that the house belongs to Salifu. The defense counsel requested for the statement, which was given. However, the statement was shown to the witness to read out, where the accused admitted that, the house belong to Salifu, and he did. He was also asked, whether he had confirmed, and the answer was in the negative. The witness told the court that, Salifu was not within the country, and there was no means to get to him.
The defense counsel later put to the witness that, the investigation was biased, because he should have confirmed before proffering a charge. He was also questioned concerning the complainant, and he answered that, the complainant reported the matter on behalf of his sister. The counsel argued that, the complainant never gave the witness any document to show that, he was doing so on her behalf.
‘’Why did you say that the accused was under a false pretense, after not been able to confirm from the owner? It had shown that, you had personalized the case. Do you know, prosecution is the last resort for a lead investigator?’’ the lawyer asked.
He replied “yes, but the accused made promises which he never fulfilled, though there was enough time,’’ the witness said.
The counsel later put to the witness that, he was used by the complainant to implicate the accused, which he denied. He later asked the witness, whether he knows the consequences of swearing on the Quran. The prosecutor, ASP Manga, objected to that question. The prosecutor told the court that, asking the witness, whether he knows the consequences of taking an oath with the Quran or whether he is a Muslim is not relevant, because they are not in a Mosque but in a court of law.
The case was adjourned to the 19th of November, 2020 at 2:00.
