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Jailed ex-Justice Minister’s trial stalls

Jan 28, 2014, 10:01 AM | Article By: Malamin L.M. Conteh

The trial on eleven counts of the jailed former Attorney General and Minister of Justice, Lamin AMS Jobarteh, could not proceed yesterday, at the Special Criminal Court in Banjul before Justice Emmanuel Nkea.

Jobarteh is already serving a two-year jail term after being convicted twice by the Special Criminal Court in Banjul.

The trial on the eleven-count charge was supposed to continue yesterday, but did not proceed, as the court did not sit.

Lamin AMS Jobarteh was accused on count one that on 2 February 2013, at Bijilo, within the jurisdiction of the court, being the Attorney General and Minister of Justice, in abuse of the authority of his office, ordered, directed and personally assisted in the arrest and detention of Alieu Barry and Bernd George Diedrich.

On count two, Lamin AMS Jobarteh, was alleged that on 2 February 2013, at Bijilo, within the jurisdiction of the court, being the Attorney General and Minister of Justice, wrongfully retook possession of the land from Bernd George Diedrich in favour of one Mr. Sowe, possession of which land Mr. Diedrich had obtained by write of court.

State prosecutors also accused Lamin AMS Jobarteh on count three that on 2 February 2013, at Bijilo, within the jurisdiction of the court, being the Attorney General and Minister of Justice, willfully and or reckless caused the monetary loss to the Gambia Revenue Authority, a public body by constituting a taskforce which re-assessed and review downwards the tax liabilities of several tax defaulters as found by the Tax Commission.

Jobarteh was further accused on four that on 2 February and April 2013, at Banjul, within the jurisdiction of the court, being the Attorney General and Minister of Justice, informed the Office of the President that over D200 million had been recovered from tax defaulters and deposited in the GRA recovery account with the GTBank, knowing such information to be false.

Count five Lamin AMS Jobarteh was alleged that between July 2012 and May 2013, at Banjul, within the jurisdiction of the court, being the Attorney General and Minister of Justice, informed the commissioner general, Gambia Revenue Authority that there was cabinet approval to establish a taskforce to re-assessed the tax liabilities of defaulters as shown in the Tax Commission report, knowing such information to be false.

It was also alleged on count six that Lamin AMS Jobarteh in 2011, at Tubanding village, Upper Fulladu West, Central River Region, within the jurisdiction of the court, being a judge of the High Court, in abused of the authority of his office, ordered and directed the arrest and detention of Mustapha Kanyi and Yarro Jamanka, at Bansang Police Station.

State prosecutor further accused Lamin AMS Jobarteh on count seven that between 2009 and 2011, at Tubanding village, Upper Fulladu West, Central River Region, within the jurisdiction of the court, in order to take possession of lands not given to him, entered upon such lands in Tubanding village by threats and fencing beyond the area given to him.

Count eight, Lamin AMS Jobarteh, was accused that between 2010 and 2013, at Bansang, within the jurisdiction of the court, being a Gambian citizen, breached the provisions of the license Act by failing to register his lodge as required by the law for the purposes of taxation, thereby causing financial loss to the Tourism Board and the Gambia Revenue Authority.

It was further alleged on count nine that Lamin AMS Jobarteh, between 2010 and 2013, at Bansang,within the jurisdiction of the court, operated “Amie Lodge” or “Jobarth’s Lodge”, a lodge of 18 rooms without a incense.

Jobarteh was also accused on count ten that some time in April 2013, at Bansang, within the jurisdiction of the court, being the Attorney General and Minister of Justice, in abuse of the authority of his office, arbitrarily ordered and directed the relocation of the NAWEC public tap at the Bansang Village Bantaba.

Count eleven, Jobarteh was accused that in April 2013, at Bansang, within the jurisdiction of the court, in order to take possession of community lands within the Bansang Village Bantaba, ordered the relocation of the NAWEC public tap and entered upon such lands in Bansang village by threats and commenced developments thereon.