Justice M. Abdoullah of the high court in Banjul yesterday threatened to strike out the case involving the former Director General of the National Drug Enforcement Agency (NDEA), Benedict Jammeh, and Abdoulie Ceesay, former spokesperson of the agency, if the state failed to file a bill of indictment on or before the 25 April 2013.
When the case was announced, the Director of Public Prosecutions (DPP) informed the court that since the last adjournment date, he had not seen the case file of the accused persons.
He added that it was true that the court had ordered them to file the bill of indictment on or before yesterday, but he was craving the court’s indulgence to give him two weeks adjournment.
Defence counsel S.M. Conteh reminded the court that it had ordered the state to file a bill of indictment on or before yesterday, stressing that one of the accused persons was very sick.
He added that they must respect the order of the court, further submitting that the DPP should attach the order of the court on the case file, and send it to the investigators.
He further submitted that the families of the accused persons were coming to court and nothing was being done, adding that it was improper for the accused persons to be in continuous detention.
In his ruling, the presiding judged stated that on 26 March 2013 the court had ordered for the DPP to file the bill of indictment on or before yesterday.
He said he was adjourning the case, and if the state failed to file the bill of indictment on or before 25 April 2013, he would strike out the case until when the state was ready.
It would be recalled that Benedict Jammeh and Abdoulie Ceesay were arraigned at the Banjul Magistrates’ Court alongside others, and charged with eleven counts.
However, the case was transferred to the high court for lack of jurisdiction to try them on the charge of economic crime.
The particulars of offence on count one at the lower court alleged that Benedict Jammeh and Abdoulie Ceesay between 2010 and 2013 in Banjul and diverse places in the country, extracted from the monies recovered from the 38, 800 Euros and other Gambian currencies amounting to D6, 000 and organised a party for their operatives, which monies should have been tendered as exhibits to the court.
Count two alleged that Abdoulie Ceesay, between 2010 and 2013 in Banjul and diverse places in The Gambia, intentionally failed to exhibit cash of 18, 500 Euros to the court in the case of Muminatou Ceesay and others, but later kept it at the Sheriff Division, which in the judgement was forfeited to the State. But instead he withdrew it from the Sheriff Division and it was used to purchase a vehicle for Benedict Jammeh, thereby caused economic loss to the government of The Gambia.
On count three it was stated that Benedict Jammeh, between 2010 and 2013 in Banjul and diverse places in the country failed to properly manage the properties of Sillaba Samateh as ordered by the court by failing to collect the rent fee of those properties from ECO Bank for onward transmission to the NDEA accounts, thereby causing economic loss to the State.
Count four revealed that the second accused, Abdoulie Ceesay, between 2010 and 2013 in Banjul and diverse places in the country, abused his functions as a staff employed in the services of The Gambia government by failing to exhibit cash of 18, 500 Euros to the court in the case of Muminatou Ceesay and others but later kept it at the Sheriff Division which in the judgment was forfeited to the State but instead he withdrew it from the Sheriff Division and was used to purchase a vehicle for the first accused Benedict Jammeh, thereby causing economic loss to the Government of The Gambia.
Count five read that Benedict Jammeh, between 2010 and 2013 in Banjul and diverse places in The Gambia, being employed as the director general of NDEA, abused the functions of his office by failing to properly manage the properties of Sillaba Samateh, as ordered by the court; instead he paid such monies accruing from the rent of such properties to ECO Bank, thereby caused economic loss to the State.
Count six stated that Benedict Jammeh and Yusupha Jatta, between 2010 and 2013 in Banjul and diverse places in The Gambia, gave information to the Office of the President and the Gambia Radio and Television Services (GRTS) that one Assan Touray was wanted for drug-related offences, an information they knew or believe to be false.
Count seven disclosed that Benedict Jammeh and Abdoulie Ceesay between 2010 and 2013 in Banjul and diverse places in the country, conspired among themselves and fabricated evidence that Abdurahman Touray of Pristine Company was wanted in The Gambia for drug-related offences in which they preferred criminal charges against him and presented it to the Gambia Police Force which was later found to be false.
Count eight was on neglect of official duty, and the particulars of offence stated that Benedict Jammeh and Foday Barry, between 2010 and 2013 in Banjul and diverse places in The Gambia were given executive directives from the Office of the President, instructing them to trace one Adama Jobe through bilateral and security contacts in the case of one Juergel Odelward, the general manager of Ocean Bay Hotel which they failed to do, thereby committed an offence.
Count nine indicated that Abdoulie Ceesay, between 2011 and 2012 in Banjul and diverse places in the country, being employed as the public relations officer at the NDEA, was using one vehicle marked KIA belonging to Ocean Bay Hotel, thereby committed an offence.
It was alleged in count ten that Benedict Jammeh, between 2010 and 2012 in Banjul and diverse places in The Gambia, being employed as director general of the NDEA, abused the functions of his office by unlawfully terminating and dismissing the services of twenty (20) NDEA officers without authority, thereby committed an offence.
Count eleven further alleged that Yusupha Jatta, between 2010 and 2011 in Banjul and diverse places in The Gambia stole fifteen gallons of 20 litres of fuel from one Demba Jobe, and thereby committed an offence.
