By JarranewsTV Staff Reporter
The Banjul Magistrate’s Court, presided over by Principal Magistrate M. Krubally, has convicted two men—Omar Sey and Dembo Touray—for their involvement in a fraudulent land transaction in Bijilo that defrauded a buyer of D2.5 million.
In a judgment delivered on October 20, 2025, Magistrate Krubally found both accused guilty of conspiracy to defraud and obtaining money by false pretence, while the first accused, Omar Sey, was further convicted on four additional counts of forgery, uttering false documents, and giving false information to a public officer.
Background of the Case
The case, prosecuted by the Inspector General of Police (IGP), arose from a land transaction in which the complainant, Mbackeh Sowe, purchased a plot in Bijilo for D2,500,000. Evidence presented in court revealed that the rightful owner of the land, Baba Mustapha Marong, a retired Permanent Secretary at the Ministry of Information, neither issued a power of attorney nor authorized any sale of the property.
According to testimony, Omar Sey presented a fraudulent power of attorney purportedly signed by Mr. Marong and produced a false police report claiming that the original documents were lost. He then used those falsified papers to conduct a search at the Ministry of Lands, process a Deed of Assignment, and execute the fraudulent sale to the complainant.
The prosecution called five witnesses, including the intermediaries involved in the sale and the true owner of the property, who confirmed that the land was still lawfully his
Findings of the Court
In delivering judgment, Magistrate Krubally held that the prosecution had proven its case beyond reasonable doubt. The court found that both accused acted jointly to defraud the complainant.
The magistrate dismissed Sey’s defence—that he acted on the instruction of an unknown individual identified only as “Mr. Njie”—as implausible. His own cautionary statement, tendered as Exhibit B, confirmed his active role in processing the fraudulent documents.
Regarding Dembo Touray, the court found that although he denied direct involvement in document forgery, his repeated presence during the payment stages and his admission of receiving a commission demonstrated his complicity.
Sentencing and Compensation Orders
Magistrate Krubally described the offences as “aggravated acts of calculated deceit”, before imposing the following sentences:
Omar Sey (First Accused):
Convicted on six counts—including conspiracy, obtaining by false pretence, forgery, uttering, and giving false information.
Fine: D5,000 on each count (total D30,000), in default six months’ imprisonment per count (total three years).
Compensation Order: D1,900,000 to the victim, in default six years’ imprisonment.
The court directed that default sentences shall run consecutively.
Dembo Touray (Second Accused):
Convicted on two counts of conspiracy and false pretence.
Fine: D5,000 on each count (total D10,000), in default six months’ imprisonment per count (total one year).
Compensation Order: D600,000 to the victim, in default two years’ imprisonment.
The default sentences are also to run consecutively.
In accordance with Section 191 of the Criminal Offences Act (2025), the magistrate granted the prosecution’s application for compensation, emphasizing the financial losses suffered by the complainant
Mitigation and Pleas for Leniency
Both convicts, described as first-time offenders, entered pleas for leniency.
Omar Sey cited health concerns and told the court that he had D1,000,000 ready through his counsel as part payment of compensation.
Dembo Touray pleaded for mercy, explaining that he is a family man with three wives and several dependents.
The court noted their pleas but maintained that the seriousness of the offence warranted a deterrent sentence.
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