May 12, 2010, 1:13 PM
counsel L.S. Camara yesterday told the court in the case involving 10 GNPC
officials that the 3rd accused person, Fafa Sanyang, was re-arrested and is
under NIA custody.
L.S. Camara made this statement before Justice O. Ottaba of the Special Criminal Court in Banjul, after the state filed a new bill of indictment against the accused persons.
The accused persons, Sira Wally Ndow-Njai, Momodou O.S. Badjie, Fafa Sanyang, Edrissa Mass Jobe, Muntaga Momodou Sallah, Momodou Taal, Seedy Kanyi, Noah Touray, Louie Moses Mendy and Cherno Marena, are charged with economic crimes and conspiracy.
When the case was called for mention, A. Yakubu and S.K. Jobe appeared for the state, whilst senior counsel Ida Drammeh, M.A. Samba, S.Taal, R.Y. Mendy, L.S. Camara, E. Sanyang, A. Sisay-Sabally, B.S. Touray, and Y. Senghore represented the defendants.
State counsel A. Yakubu then informed the court that the matter was slated for mention.
He said they had filed a bill of indictment, and were ready to proceed.
L.S. Camara then rose and said the 3rd accused, Fafa Sanyang, was not present in court.
He was granted bail by the court, but he was re-arrested by the NIA after being on bail for a short while, and presently he is under the custody of the NIA.
He added: “I will prevail on the office of the DPP to enjoin with the office of the NIA and bring the accused person to court.”
The trial judge then said they could not proceed with the case, if the accused was not present in court.
He said the doctrine of fair trial requires that the accused person must be present in court, which is guaranteed by the constitution.
The case was then adjourned until 6 October 2016, at 1 pm.
The particulars of offence on the new bill of indictment in count one stated that the accused persons, sometime in 2015 in Banjul and diverse places in The Gambia, within the jurisdiction of the court, while serving in their various capacities as public officers, by willful act or omission, caused economic loss to the Government of The Gambia to the tune of eight million, seven hundred and forty thousand, six hundred and twenty U.S dollars ($8,740,620) by signing a contract with March Trading, which act was “injurious, detrimental and damaging” to the economy of The Gambia.
Count two stated that the accused persons on the same year and places while serving in their various capacities as public officers by willful act or omission caused economic loss to the Government of The Gambia to the tune of three million, six hundred and ten thousand, six hundred and fifty-six dalasis being money expended on air tickets and perdiem in the process of conducting in due diligence mission and signing of a contract with March Trading, which act was injurious, detrimental and damaging to the economy of The Gambia.
Count three stated that the accused persons in the same year and places while serving in their various capacities as public officers conspired amongst themselves to commit felony to wit by willful act or omission caused economic loss to the Government of The Gambia.