Dec 5, 2014, 10:58 AM
The two-count economic crime case involving former senior officials of the Assets Management and Recovery Corporation (AMRC) continued yesterday at the Special Criminal Court in Banjul before Justice Emmanuel Nkea.
The case continued with the testimony of the second prosecution witness (PW2), Musa Sarr, a recovery officer, working with the AMRC.
Abdoulie Dibba and Yusupha M. Jaiteh were arraigned alongside the corporation’s former managing director, Abdoulie Tamba, who was reported to be at large, and charged with two counts of economic crime.
Sarr told the court that he was employed at AMRC on 15 April 1999, as a Data Entry Clerk, but usually worked at the store.
He stated that whenever there was a consignment of rice and cement, he would receive it at the store coming from the ports, and he would supply it to the customers based on issue notes given to the customers by the management.
PW2 further adduced that he knew the 1st accused, Abdoulie Tamba, the former MD of AMRC, the 2nd accused, Abdoulie Dibba, as commercial director of AMRC, and Yusupha Jaiteh, the 3rd accused, as the acting financial director of AMRC.
Mr Sarr stated that the issue notes were usually signed by the 2nd and 3rd accused persons, but the 1st accused did not sign any issue notes, adding that he was familiar with the signature of the 2nd and 3rd accused persons.
The issue notes were shown to him, and he identified them by their signatures, adding that the issue notes were issued by the management.
DPP then applied to tender the 44 issue notes which were identified by the witness.
However, defence counsel L.S. Camara raised an objection to the tendering of the 44 issue notes, on the grounds that the proper foundation had not been laid.
Counsel argued that the witness did not say those were the issue notes, but instead what he said was that it was signed by the accused persons.
There was no proximity between the witness and the 44 issue notes to be tendered, he said, adding that the witness did not say actually that those notes in question were the documents.
He stated that the documents were insufficient and not relevant to warrant their admission, and he urged the court to reject them.
The Director of Public Prosecutions also argued that the witness had identified the 44 notes and the witness categorically mentioned that the issue notes were signed by Mr Dibba.
He said there was no better foundation than that, and he urged the court to admit the notes.
The case continues today for ruling.
The particulars of offence on count one stated that Abdoulie B. Tamba, Abdoulie Dibba and Yusupha M. Jaiteh, between 2009 and 2010 at Banjul within the jurisdiction of the court, whilst holding public office, willfully and recklessly caused monetary loss to Asset Management and Recovery Corporation (AMRC) to the tune of D15, 450,000, by selling rice and cement to various individuals on credit without proper collaterals.
Count two read that Abdoulie B. Tamba, Abdoulie Dibba and Yusupha M. Jaiteh, between 2009 and 2010 in Banjul within the jurisdiction of the court, whilst holding public office, willfully and recklessly caused monetary loss to AMRC to the tune of D7, 200,000 by fraudulently converting same to the use of Samcad Holding Ltd.