By Nicholas Bass
An ex-human resource manager of Atlantic Hotel could spend three years in jail if he fails to pay a fine of D5,000 and a compensation of D70,000 to a certain Joseph Gomez.
Principal Magistrate Muhammed Krubally of Banjul Magistrates’ Court on Wednesday convicted and sentenced former Atlantic Hotel HR manager Sheikh Mbacki to a fine of D5,000 and was also ordered to pay compensation to Joseph Gomez.
In delivering his judgment, magistrate Krubally said the first prosecution witness Joseph Gomez adduced that the convict received D70,000 from him to organize a program at the Atlantic Hotel but he [Mbacki] diverted the funds to his personal use. The magistrate said the witness had informed the court that he phoned Mbacki to arrange bookings for him for two days upon which he [Mbacki] gave him a bank account number and advised him to deposit D70,000 into it as payment for the bookings. The witness, according to the magistrate, said Mbackiissued him receipts after the transfer of the money to the account.
Magistrate Krubally said that Gomez told the court that he was compelled to go to Mbacki when he realized that he was dismissed from the hotel. The magistrate stated that Gomez informed the court that when he tendered his receipts to the hotel staff, he was told that Mbacki had issued him falsified receipts.
“I have considered the nature of the offense with which the accused herein is charged. I have also considered all the evidence presented before me, proving the guilt of the accused. I have considered the information supplied to the court by the prosecution that the accused is a first-time offender. I have equally considered the mitigating circumstances of the accused which, I find touching and shocking and I take into account his application for installment payment, saying if he is held in custody, he will not be able to complete his education and will not be able to pay the judgment sum,” Magistrate Krubally said.
“I hereby order that the accused herein Sheikh Mbacki pays a fine of D5000 in default to serve six months in prison. Since it is established that the victim, Joseph Gomez, suffered financial losses from the accused, I order the accused herein under Section 145 of the Criminal Procedure Code to compensate the victim herein Joseph Gomez D70000 in default to serve three years in prison. The sentence term shall run concurrently,” Magistrate Krubally said.