Oct 3, 2016, 11:39 AM
Awa Bah of the high court in
They were also asked to surrender all their travel documents to the court.
This came following the bail application filed by the appellants counsel, Lamin S. Camara
Justice Awa Bah, in her ruling stated that the applicants filed a motion dated 8 April 2012, supported by an affidavit.
She further stated that the state also filed an affidavit in opposition against the eight accused persons, stating that the granting of bail was at the discretion of the court.
Justice Bah further ruled that the applicants were charged before the Banjul Magistrates’ Court with economic crimes offences, which are bailable offences.
She noted that the court would consider in exercising its discretion whether the accused persons would jump bail or not if granted bail, and the nature of the offence must also be considered in granting bail.
The applicants should show significant materials to warrant the court to grant them bail,” she stated, adding that she was very mindful of the charges against the applicants, as they are serious charges.
She subsequently granted them bail on the conditions mentioned above.
The accused persons are Alhagie Bakary Trawally and Dr Amadou Sowe, former permanent secretaries, Dr Mustapha Ceesay, former deputy Director General NARI, Kekoi Kuyateh, former deputy permanent secretary, Muhammed Lamin Ceesay, a businessman, Momodou Mbye Jabang, Yusupha Jawara, Sidi Jarju, and Awa Saye Touray, a former supplies officer.
The particulars of the offence on count one stated that Alh. Bakary Trawally, Momodou Mbye Jabang, Awa Saye Touray, Kekoi Kuyateh, Dr. Amadou Sowe, Dr. Mustapha Ceesay, Sidi Jarjue and Yusupha Jawara some time in 2009, at the Ministry of Agriculture, being public officers by willful act or omission or recklessly, deliberately paid or facilitated payment without having the Indonesian fertilizer tested, which caused economic loss worth D91.42 million to the Gambia government and thereby committed an offence.
The charge sheet on count two read that Momodou Lamin Ceesay, being a citizen of The Gambia, some time in 2009, whilst in the cause of business or transaction with the Ministry of Agriculture, he intentionally or recklessly supplied agronomically ineffective fertilizer to the Ministry of Agriculture, and thereby caused economic loss worth D91.42 million to the Gambia government.
According to the particulars of offence on count three, Alh Bakary Trawally, Awa Saye Touray and Kekoi Kuyateh, some time in 2009 at the Ministry of Agriculture, being public officers, willfully neglected to performed their duties imposed on them to inspect and test the Indonesian fertilizer consignment, and to have co-signed the cheques even when they knew the approval was not properly obtained.
Furthermore, count four stated that Dr. Amadou Sowe, some time in 2009 at the Ministry of Agriculture, gave false research findings of Dr. Mustapha Ceesay to the Office of the President, which he knew to be false or did not believe to be true, with the intention that the information will be acted upon as genuine, which if the true state of facts were known will not be acted upon as genuine.
And count five stated that Dr. Mustapha Ceesay some time in 2009 at the Ministry of Agriculture, gave false research findings to Dr. Amadou Sowe which he knew to be false or did not believe to be true, with the intention that the information will be acted upon as genuine.