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Gambia: In Gamtel Economic Crime Case Charges Against Suspect Dropped

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Original Post Date: 2010-09-14 Time: 21:00:05  Posted By: News Poster

By Sidiq Asemota

The Attonery General’s Chambers and Ministry of Justice has dropped criminal charges against one Mournir Elkarni, a Moroccan national in the alleged Gamtel economic crime case.

Mournir Elkarni and two others, Abdul Aziz Mboge and Ousman Saine are standing trial on three counts of conspiracy to defraud and economic crime contrary to Section 292 of the Criminal Code Cap10, Volume 111, Laws of The Gambia and Section 5 (f) and (h) of the Economic Crimes (specified offences) Decree No.16 of 1994.

According to the particulars of the offence, the accused persons, Mournir Elkarni, Abdul Aziz Mboge and Ousman Saine between January 2010 to April 2010 at Kerr Serign, conspired to defraud Gamtel of the sum of sixty-eight thousand, one hundred and seventeen United States Dollars, forty-six cent (US$68, 117. 46) being the loss of earning from Africell and Qcell by illegally diverting international calls without routing same through international gateway, an act detrimental to the economy of The Gambia.

The particulars of the economic crime offence stated that the accused persons Mounir Elkarni and Ousman Saine in collaboration with Abdul Aziz Mboge, a staff of Gambia Technical Training Institute (GTTI) between January 2010 and April 2010 in Kerr Serign, fraudulently installed a simbox, which they allegedly used in diverting international calls from international gateway, thereby causing loss of US$68, 117. 46 to Gamtel.

When the case came up yesterday before the presiding judge, Justice Basirou V P Mahoney of the High Court in Banjul, the state represented by S.H Barkun applied for the unconditional release of the first accused, Mournir Elkarni and withdrawal of all the criminal charges against the said first accused.

Principal state counsel Barkun cited Section 68 of the Criminal Procedure Code. S.H Barkun made a reference to the said Section that though the Section is applicable in the subordinate courts, he pointed out that the Section can be extended at the High Court as the Sections of the Criminal Procedure Code compliment each other. He therefore urged the court to grant the said application in the interest of justice.

Meanwhile, the presiding judge, Justice Basirou VP Mahoney granted the said application and ordered the immediate release and withdrawal of all charges against the first accused, Mournir Elkarni.

Original date published: 8 September 2010

Source: http://allafrica.com/stories/201009140600.html?viewall=1