Businessman Modou Lamin Baldeh has been convicted at the Banjul magistrate court
for stealing five containers of ceramic wall tiles worth US$175,000 (D12,075,000),
ending a nearly two-year trial.
Principal Magistrate M Krubally delivered the judgment yesterday, 6th August 2026,
finding Baldeh guilty of exceeding his limited authority to sell the goods and dishonestly
converting them with intent to permanently deprive the owner.
The prosecution proved that between April and July 2024, Baldeh stole five 20-foot
containers of ceramic tiles belonging to Mam Begay S. Jagne, who represented
business partner Amadou Ganilla.
The containers arrived from Spain in November 2023 but remained uncleared due to
financial disputes with the clearing agent. After Jagne settled outstanding charges in
May 2024, she appointed her brother Assan Sinyang to oversee the goods. Baldeh was
introduced as someone who could find buyers, with the clear condition that any sale
would occur in her brother’s presence.
Following the testimony and evidence of six prosecution witnesses who testified against
Baldeh, Jagne told the court that when she became uncomfortable with Baldeh
handling of the transaction, he claimed the tiles were sold. Her brother was denied
warehouse access, and upon later inspection, the facility was completely empty.
The warehouse owner confirmed Baldeh supervised all offloading and authorized tile
releases, accumulating unpaid rent. Two purchasers testified receiving tiles from
Baldeh, with one receiving 3,419 cartons to offset a debt.
The investigating officer revealed Baldeh admitted to police he sold the tiles without the
required consent or presence of the brother.
In his defence, Balder denied theft, claiming he was authorized to sell and that the
dispute was commercial, not criminal. He argued he spent substantial sums on logistics
and was entitled to recover expenses.
Subsequently, Magistrate Krubally rejected this argument, asking pointedly: “Why did
the accused independently sell these tiles without consulting the complainant brother?
Why didn’t he reimburse the proceeds?”
The court found Baldeh clandestinely sold the tiles intending to permanently deprive the
owner, constituting theft under Section 245 of the Criminal Code.
Despite being a first-time offender with two spouses and eight children, Magistrate
Krubally noted that, Baldeh caused substantial hardship to the victim and was ordered to
pay:
· A D100,000 fine (default: 1 year prison)
· D12,075,000 compensation to Jagne (default: 4 years prison)
· D500,000 additional restoration
All sentences run consecutively.
