The accused persons are Amadou Saine, Nfarama Dampha, former director of fisheries, Famara Darboe, Dr Demba Banja, then permanent secretary, Kebba Konjira, Joseph Gabidon, Musa Jawla, Abdoulie Njie and Momodou Njie.
The particulars of offence in count one stated that Amadou Saine, Nfamara Dampha, Dr Bamba Banja and Nfamara Darboe (1st 2nd and 3rd accused persons) between January and August 2012, being permanent secretaries and directors at the Ministry of Fisheries and Water Resources and the Department of Fisheries respectively, failed to ensure that local commercial canoes are issued with fishing licence to carry out fishing activities in The Gambia as required by the Fisheries Act 2008, which resulted into financial loss to the Government of The Gambia, and thereby committed an offence.
Count two stated that the aforesaid persons including Nfamara Darboe (4th accused) between January and August 2012, being permanent secretaries and directors at the Ministry of Fisheries and Water Resources and the Department of Fisheries respectively, failedto ensure that local commercial canoes were issued with fishing licence to carry out fishing activities in the Gambian waters as required by the Fisheries Act 2008, which resulted into financial loss, and is detrimental to the economy of The Gambia or to the welfare of the peopleof The Gambia, and thereby committed an offence.
Prosecutors further accused them in count three that the 1st 2nd, 3rd and 4th accused persons, between January 2008 and August 2012, being permanent secretaries and directors at the Ministry of Fisheries and Water Resources and the Department of Fisheries respectively, failed to supervise and ensure the recovery of poaching fines within the timeframe as stipulated in the Fisheries Regulation 2008, which resulted into the loss of D21,000, to the economy of the state, and thereby committed an offence.
The four accused persons were further accused in count four that between January and August 2012, being permanent secretaries and directors at the Ministry of Fisheries and Water Resources and the Department of Fisheries respectively, failed to take appropriate action in violation of the Fisheries Act and Regulation, which resulted into the loss of D13,913,481.38, being monies that could have been recovered by the department, and thereby committed an offence.
Count five alleged that the same accused persons, sometime between April and May 2014 in Banjul, being permanent secretaries and directors at the Ministry of Fisheries and Water Resources and the Department of Fisheries respectively, failed to pursue the case of a poaching fine amounting to D500,000 against Red Sea International Fishing Development Company Limited, an omission that is detrimental to the economy of The Gambia, and thereby committed an offence.
Count six also alleged that the same accused persons between April and May 2014 in Banjul, being permanent secretaries and directors at the Ministry of Fisheries and Water Resources and the Department of Fisheries respectively, neglected their duties by failing to pursue the case of a poaching fine amounting to half a million dalasis against Red Sea International Fishing Development Company Limited, and thereby committed an offence.
In count seven, it accused Kebba Konjira, that between January 2008 and August 2012, in his capacity as the accountant at the Department of Fisheries, he raised payment vouchers in the name of the director for payment of salaries to staff amounting to D283,925.24, without a list of staff paid, and thereby committed an offence.
Mr Konjira was further accused in count eight, that between August 2012 and March 2014 in Banjul, he received several payments totalling D1,924,130.00, which he deliberately failed to bank on time as required by the Financial Instructions, and thereby committed an offence.
Mr Konjira was also accused in count 9, that between 2012 and 2014 in The Gambia’s capital, being the accountant of the Department of Fisheries, he failed to tag physical assets of the department, and thereby committed an offence.
In count ten the prosecutors alleged that Joseph Gabidon, Musa Jawla, Abdoulie Njie and Momodou Njie, between January 2008 and August 2012, being employed at the Department of Fisheries, and attached at the Monitoring Control and Surveillance Unit, as well as at the Inspectorate Unit of the department, abused their office by internally printing licence application forms without serial numbers and selling them to the public without authority, and thereby committed an offence.
Nfamara Dampha was further accused in count eleven, that sometime in 2013 in Banjul and diverse places, whilst employed as the director at the Department of Fisheries, he awarded a contract to TabaningSita Construction Company without following the Gambia Public Procurement Act (GPPA) Regulations, and thereby committed an offence.
However, none of the accused persons were able to take their plea on the charges preferred against them as the lower court lacked the jurisdiction to try economic crimes.
The trial magistrate then ordered that the matter be transferred to the Special Criminal Court Division, as it is the proper court mandated by law to try such offences.
Prior to transferring of the matter to the said court, the magistrate granted some of the accused persons bail namely, Kebba Konjira, Joseph Gabidon, Musa Jawla, Abdoulie Njie and Momodou Njie, the 5th, 6th, 7th, 8th and 9th accused persons respectively.
He told Amadou Saine, Nfamara Dampha, Nfamara Darboe and Dr Bamba Banja (1st 2nd, 3rd, and 4th) to seek bail at the high court, and ordered them to be kept in prison custody pending their appearance at the High Court.
Lawyer Sheriff Tambadou appeared for Dr Bamba Banja, Joseph Gabidon and Momodou Njie and he applied for bail for all of them. Barrister Musa Batchilly applied for bail on behalf of Kebba Konjira, Musa Jawla and Abdoulie Njie.
Barrister Sheikh Tijan Hydara represented Amadou Saine.
Police Prosecutor Almameh Manga appeared for the Inspector General of Police in the case, and urged the court to deny bail and remand the accused persons in prison custody, on the grounds that the accused persons would interfere with potential prosecution witnesses.
