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GNPC Case: Lawyers file briefs on bail application

Nov 9, 2016, 10:04 AM | Article By: Halimatou Ceesay & Rose Gomez

The defence counsel in the economic crime case involving Sira Wally Ndow-Njai and 9 others yesterday informed the court that they had filed briefs on bail applications in respect of the 1st, 2nd and 9th accused.

Defence counsel A.A.B. Gaye and L.S Camara were addressing Justice O. Ottaba of the Special Criminal Court in Banjul.

The accused persons are Sira Wally Ndow-Njai, Momodou O.S Badjie, Fafa Sanyang, Cherno Marena, Seedy Kanyi, Muntaga Momodou Sallah, Momodou Taal, Louie Moses Mendy and Noah Touray.

When the case was called, DPP S.H. Barkun appeared for the state alongside deputy DPP M.B. Abubacarr and A. Yakubu.

The defendants were represented by senior Counsel A.A.B. Gaye, S.M. Tambadou, O.M.M. Njie, C. Gaye, L.S. Camara, E. Sanneh, A.N.D. Bensouda, A. Sisay-Sabally, B.S. Touray, B.S.N. Conteh, Y. Senghore, B. Bouye, E.E. Chima, C.E. Mene, and S. Sillah.

Senior Counsel Gaye then informed the court that in the matter of the bail application for the 1st accused, they had filed their briefs and the state had been served.

L.S. Camara also said they had filed their briefs in the case of Momodou O.S. Badjie and the respondent had been served.

DPP S.H. Barkun responded that he had been served with the briefs of 1st and 2nd accused, and that they have also filed their briefs in the case of the 9th accused.

However, counsel L.S. Camara said they had not been served with the respondent’s briefs in respect of the 9th accused.

The DPP said he would serve the defence as soon as possible.

With regard to the proposed amendment pending before the court for consideration, the trial judge said they would finish with the cross-examination first.

Responding to questions from counsel E.E. Chime, representing the 6th accused, the witness, Bakary Darboe, agreed that he was a member of the 2nd investigative panel.

“In the process of your investigation, did you come across the minutes of the meetings held by the board of directors of GNPC?”

“I can’t remember coming across the minutes of GNPC Board of Directors.”

“Were you ever informed that GNPC ever came together as a board to discuss the importation of petrol from anybody?”


“Were you told that GNPC as a body and, in particular, the board of directors ever held meetings?”


“Were you provided with the minutes of the meeting by the board of directors?”

“I can’t remember.”

“I am putting it to you that if you were not provided with the minutes of the board of directors, then your investigation is not complete”

“That is not correct.”

“I am further putting it to you that it is through the minutes of the board of directors that you will be able to know what transpires at the board meeting of GNPC, in the importation of petrol.”

“That is not correct.”

“What do you mean by that is not correct?”

“What I mean is that you can know the issues discussed by GNPC without the minutes.”

“Were you made to understand that the said board of directors of GNPC was inaugurated before they started sitting?”


“Were you also made to understand that before their inauguration there was a meeting involving subsequent directors?”

“I was not told of that.”

“Were you able to see the minutes of the inauguration of the GNPC board?”


“I am putting it to you that your investigation is incomplete.”

“That is not correct.”

The contract document was shown to the witness in court and he identified it and it was tendered in court and marked in evidence as an exhibit without objection from the state.

Hearing continues today at 3pm.