Defence
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.
