AG Chambers takes over Waa Juwara and co case as trial commences

The other accused are Hamidou Jallow, Principal Lands and Evaluation Officer, and Tamsir Onasis Konteh, a businessman.

When the case was called, the Director of Public Prosecutions, S.H. Barkun, announced his representation for the State and told the court that they were ready to proceed with the first prosecution witness (PW1) Samba Sillah.

Testifying, Samba Sillah told the court that he is a security officer and he resides in Sinchu Alagie, in the West Coast Region.

He posited that he knew the accused persons, as he was part of the panel that investigated the accused persons.

The panel was asked to investigate the accusation regarding the land located at Tanji Layout being claimed by the first accused person as compensation, he said.

Upon completion of the investigation, a cautionary statement was obtained from the 1st accused person by First Class Momodou L. Sonko, a member of the panel, he added.

Officer Sillah added that he cautioned the second accused person but the accused voluntarily recorded his own statement in the presence of the independent witness.

The cautionary and witness statements were also obtained from the 3rd accused person and the case file was forwarded to the Attorney General’s Chambers for advice, he stated.

After he had recognised the statements through his signature and the handwriting of the accused persons, the statements were tendered and marked as exhibits.

“During the cause of the investigation, exhibits were being recovered in the file and a handwritten list,” he said.

Asked to mention the items containing in the said list, PW1 told the court that he would love to refresh his mind by perusing the exhibits recovered during the investigation, which was granted by the trial magistrate.

After perusing the said documents, PW 1 told the court that the attestation and purported stamp of the late Alkalo of Tanji village where what the 1st accused person used to have land at Tanji Layout for compensation.

He further stated that the team was tasked to investigate from the Brikama Area Council (BAC) whether Tamsir Onass Conteh did pay tax for that particular piece of land.

He added that a letter allocation for plot C9 was purely allocated to Kanilai Family Farms.

He posited that plot C9 was also allocated to one Basirou who was the rightful owner of the said land according to the records.

The attestation was a photocopy, not the original, but he was sure the original copy was with the ministry, he stated.

He added that another letter was recovered from the ministry which the first accused person had already acquired for the land at Tanji Layout bearing the signature of the late Alkalo of Tanji Village.

The second attestation was never witnessed by anybody, but the investigators later compared the two signatures and that of the Alkalo, and it was realised to be a fake attestation which was submitted to the ministry for compensation of land at the Tanji layout.

At that juncture, the case was adjourned till 30 April 2013.

Count one of the particulars of offence indicated that Tamsir Onasis Konteh and Hamidou Jallow, in November 2011, in Banjul, within the jurisdiction of the court conspired to use forged documents to claim compensation in respect of Tanji Residential Layout and thereby committed an offence.

Count two stated that Tamsir Onasis Konteh, in November 2011, in Banjul, within the jurisdiction of the court made a document purported to be land title documents issued by the Alkalo of Tanji Village in order to claim compensation in respect of plots acquired for Tanji Residential Layout and thereby committed an offence.

Count three read that Tamsir Onasis Konteh, in November 2011, in Banjul, within the jurisdiction of the court knowingly and fraudulently uttered false documents in order to claim compensation in respect of the plots acquired for Tanji Residential Layout and thereby committed an offence.

Count four stated that Tamsir Onasis Konteh, in November 2011, in Banjul within the jurisdiction of the court with intent to defraud obtained D300,000 from one Edward T.Sambou as a consideration of plot of land at Tanji Residential Layout with the knowledge that the said plots were allocated to him under questionable circumstances and thereby committed an offence.

Count five disclosed that Hamidou Jallow, in November 2011, in Banjul within the jurisdiction of the court being employed in the public service and in his capacity as Principal Lands and Evaluation Officer caused plots of lands (Nos. C8 and C9) to be allocated as compensation to Tamsir Onasis Konteh with the knowledge that the said plots were already allocated to Kanilai Family Farms and Mr Basirou Sambou respectively and with the knowledge that the said Tamsir Onasis Konteh was not qualified for any and thereby committed and offence.

Count six stated that Hamidou Jallow in November 2011, in Banjul within the jurisdiction of the court being employed in the public service and in his capacity as Principal Lands and Evaluation Officer caused plots of lands (Nos C8 and C9) to be allocated as compensation to Tamsir Onasis Konteh as against the laid down procedure for the award of compensation and thereby committed an offence.

Count seven read that Hamidou Jallow in November 2011, in Banjul within the jurisdiction of the court being employed in the public service and in his capacity as Principal Lands Evaluation Officer and in disobedience of the order of the director of lands, caused compensation to be paid to Tamsir Onasis Konteh and thereby committed an offence.

Count eight stated that Lamin Waa Juwara in November 2011, in Banjul, within the jurisdiction of the court being employed in the public service and in his capacity as Minister of Regional Administrations, Lands and Traditional Rulers, by willful negligent act, caused plots of lands (Nos. C8 and C9) to be allocated as compensation to Tamsir Onasis Konateh with the knowledge that the said plots were already allocated to Kanilai Family Farms and Mr Basirou Sambou respectively and with the knowledge that the said Tamsir Onasis Konteh was not qualified for any and thereby committed an offence.