In the same vein, the court discharged Ada Gaye, former permanent secretary at the Ministry of Agriculture, Foday Jadama, former deputy director of the Soil and Water Management Services under the ministry, and Dr Abdou Ceesay, director of the department of Livestock Services.
When the case was called, DPP Barkun said they have filed an amended charge dated 11 June 2015 and filed on 29 June 2015, and are amending the earlier charge.
SM Tambedou said the DPP should withdraw the earlier charge, because his client, the 1st accused and two others were not in the amended charge.
However, DPP said it did not have to be struck out, but it was no longer a charge before the court.
Both SM Tambedou and L.S. Camara did not object to the amended charge.
Justice Abi said that since there was no objection to the amended charge filed by the state, “the new amended charge now supersedes.”
S.M. Tambedou and L.S. Camara said they wished to apply to the court to discharge the 1st,4th and 5th accused persons and vacate all other orders made against them, including bail in the previous charge since they were no longer in the amended charge before the court.
The court then discharged the 1st,4th and 5th accused accordingly.
The amended charge was then read to the other accused persons who were in the new charge, and they all pleaded not guilty.
DPP then applied for a date to proceed with the case.
However, L.S. Camara said he was applying that the 1st and 5th accused persons in the new charge, Fafanding Fatajo and Omar Jammeh, be granted bail subject to the court’s discretion as per the previous bail conditions.
DPP did not object to the application, and it was granted by the court.
Counsel E.M. Sissoho also said he was applying for bail on behalf of the 3rd and 4th accused persons, Alieu Gaye and Bakary Kujabi, who were charged for the first time.
He said the 3rd and 4th accused persons were both facing a misdemeanour charge.
Justice Abi then asked DPP if he was not opposing the oral application by counsel Sissoho, and DPP said he was not opposing and would leave it to the discretion of the court.
Justice Abi then granted bail to the 2nd,4th and 5th accused persons in the sum of D500,000 with each of them having one Gambian surety.
According to the amended charge sheet read in court, in count 1 the accused persons, Fafanding Fatajo, Omar Jammeh, Alieu Gaye and Bakary Kujabi, between May 2013 and December 2014 in Banjul and diverse placeswhilst being members of the contract committee of FASDEP in their respective capacities as project coordinator, financial controller, accountant, and procurement officer, neglected their official duties by awarding a contract for the training of FASDEP staff on Microsoft Excel in the sum of D190,000.00 to a firm (SCENSA) that was not registered with the Gambia Public Procurement Authority (GPPA) as required under the GPPA Act.
Count 2 stated that the 1st, 3rd, 4th and 5th accused persons on the same date and places while being employed in their respective capacities, neglected their duties by awarding a contract for carrying out needs assessment for community/municipal markets in the sum of D195,000 to a firm (SCENSA) that was not registered with GPPA as required under the GPPA Act.
Count 3, 4, 5 and 6 stated that the 1st and 2nd accused persons on the same date and places, conspired among themselves to commit an offence to wit: forged invoices of B&B Training Institute, DL IT Training, logo of “Freedom From Hunger Campaign” and Malamin Dumbuya and Team for bidding process for the award of contract for the training of FASDEP staff on Microsoft Excel and for carrying out needs assessment for community/municipal markets.
Count 7, 8, 9, and 10 stated that the 1st and 2nd accused on the same date and places, conspired amongst themselves to commit an offence to wit: uttering of false invoices of DL IT Training, B&B Training Institute, logo of “Freedom from Hunger Campaign and Malamin Dumbuya and Team for bidding process for the award of contract for training of FASDEP staff on Microsoft Excel and carrying out assessment needs for community/municipal markets.
Count 11, 12, 13 and 14 stated that the 1st and 2nd accused on the same date and places, forged invoices of B&B Training Institute, DL IT Training, Freedom from Hunger Campaign, and Malamin Dumbuya and Team for bidding process for the contract for training FASDEP staff on Microsoft Excel and for carrying out needs assessment for community/municipal markets.
Count 15, 16, 17 and 18 stated that the 1st and 2nd accused uttered false invoices of B&B Training Institute, DL IT Training, Freedom from Hunger Campaign, and Malamin Dumbuya and Team for bidding process for the award of contract for training of FASDEP staff and for carrying needs assessment for community/municipal markets.
The
case was adjourned to 20 July 2015.
