The other accused persons are Hamidou Jallow, Principal Lands and Evaluation Officer at the said Ministry, and Tamsir Onasis Konteh, a local businessman.
The trial resumed with the cross-examination of the first prosecution witness (PW1), Samba Sillah, a police officer and a member of the investigation team.
Testifying under cross-examination, Samba Sillah told the court that during the course of the investigation, three plots of land were recovered and the first accused person Konteh was claiming ownership of the said pieces of land.
Asked by the defence counsel whether he was aware that the first accused person inherited those lands from her mother, PW1 told the court that the two plots of land were discovered during the course of investigation, and the first accused person told the panel that he inherited those lands from her mother.
PW1 added that when the investigators went to find out from the village alkalo whether it was true that the said lands belonged to the first accused person’s mother, the alkalo told them that he was not aware of any land belonging to the first accused person’s mother in the area of the State Reserve Land in Tanji vIllage.
The alkalo confirmed that the accused person was born in Tanji village, but added that he left there very early, Sillah further told the court.
Asked by the defence counsel if the investigators were able to ascertain whether the first accused person was a relative of the alkalo of Tanji village, PW1 told the court that this was what the first accused person told the panel during the investigation, but he did not know how they were related.
He added that exhibit T, the application letter, was made on 28 April 2008, as well as exhibit T1 which was also prepared the same day.
Officer Sillah further testified that the request was directed to the Department of State for Local Government and Lands through Hamidou Jallow, as the Principal Lands and Evaluation Officer, who minutes for approval.
Still testifying under cross-examination, Sillah told the court that after the application letter was sent to the ministry, he could not explained what happened.
However, the defense counsel put it to him that it was sent to the Permanent Secretary Technical, to which PW1 said he did not know.
He added that plot C8 and C9 were previously allocated to Basirou Sambou and Kanila Family Farm, and there was no letter of withdrawal to that effect in respect of those two plots of land.
He said exhibit T-T2 shows that the Ministry of Lands, Permanent Secretary, Director of Lands and Survey and the 2nd accused person and other officials at the said department were the people recommended for compensation.
The case was adjourned to 26 August 2013, for continuation of the hearing.
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 the 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 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 Knoteh with 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 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.
