Wrongly Convicted Database Record
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Charge: |
"Theft (including swindling/fraud, deception and grand larceny)" |
Sentence: |
3 years |
Years Imprisoned: |
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Year Crime: |
2016 |
Year Convicted: |
2016 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
Gambia |
County or Region of Crime: |
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City of Crime: |
Kanifing |
Result: |
Judicially Exonerated |
Summary of Case: |
"Kissaday Nying was wrongly convicted of theft on November 2, 2016 in Kanifing Municipality, Gambia. Nying's prosecution was based on the allegation that on February 9, 2016 he stole a Samsung Galaxy and a Nokia mobile phone from the house of Ebrima Mbenga. Mbenga and his mother did not see anyone in the house, but his mother said she heard footsteps when she was in the bathroom. Nying was found in possession of one of the phones. His defense was that he bought it from Bara Camara at the Serekunda Market. When questioned by police Camara denied selling the phone to Nying. After Nying's conviction in the Kanifing Magistrates Court he was sentenced to the mandatory sentence of three years in prison. Nying appealed. In December 2017 the Gambia High Court set-aside Nying's conviction and ordered his acquittal based on the prosecution failure to introduce sufficient evidence to prove his guilt beyond a reasonable doubt. In the High Court's ruling Justice Oleidi Uduma noted that Nying's possession of the phone after it was stolen did not prove he stole it -- which he denied." |
Conviction Caused By: |
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Innocence Proved By: |
In December 2017 the Gambia High Court set-aside Nying's conviction and ordered his acquittal based on the prosecution failure to introduce sufficient evidence to prove his guilt beyond a reasonable doubt. In the High Court's ruling Justice Oleidi Uduma noted that Nying's possession of the phone after it was stolen did not prove he stole it -- which he denied. |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"High Court sets aside magistrates courts decision, By Bruce Asemota, The Point ( Bakau, Gambia), January 8, 2018" |
Information Location 1: |
http://thepoint.gm/africa/gambia/article/high-court-sets-aside-magistrates-courts-decision |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org