Police seek legal advice in case of GRA officials

The case file involving the Commissioner General of the Gambia Revenue Authority (GRA) Bakary Sanyang and 13 others has been sent to the Attorney General’s Chambers for legal advice, the Banjul Magistrates’ Court was told yesterday.

The accused persons are charged with 14 counts of neglect of official duty, perjury, making false and misleading statement, defraud of the government tax revenue, economic crimes and uttering false documents.

The other accused persons are Musukebba Corr, former Commissioner of Domestic Tax GRA, Louie Gillen, senior officer at GRA, Mamour Joof senior officer at GRA, Muhammed Krubally, Serign Bamba Saho, Selia Cole, Neneh Jallow, Remeh Jagane, Emmanuel E. Chime, Rene Renner, Ebrima Kebbeh, Momodu Sanneh and Fatou Sonko.

When their case was announced, the prosecuting officer, Superintendent Joof, told the court that the prosecution was applying for an adjournment on the grounds that the case file was sent to the Attorney General’s Chambers for legal advice.

He added that the AG Chambers might handle the case, and on that basis the prosecution was applying for an adjournment.

Responding to the prosecution’s application for an adjournment, defence counsel Awa Ceesay-Sabally told the court if the state was having the case file now, they should have been here in court.

She revealed that the 4th and 2nd accused persons are suffering from serious diabetes, and it was the duty of the state to provide them with the necessary medication pending the outcome of the bail application at the high court in Banjul.

Lawyer Badou S.M. Conteh also told the court that since the case file has been sent to AG Chambers for advice, the police are no longer representing the state, but instead the AG Chambers.

He added that the prosecution said the case might be handled by the AG Chambers, which was not specific.

“I think it would be proper for the state to come forward and tell the court about their level of preparation, either the AG Chambers to take over the case or the police,” counsel stated.

Counsel further contended that even the charged sheet was very confusing, because the accused persons did not know how much sum each was allegedly involved.

The case was then adjourned till 18 June 2012, for continuation.  

It would be recalled that during their first appearance in court, Bakary Sanyang, Musukebba Corr, Louie Gillen and Mamour Joof were denied bail and consequently remanded in custody.

Serign Bamba Saho, Emmanuel E. Chime, Ebrima Kebbeh, Momodou Sanneh and Fatou Sanko were granted bail of D300,000 each with two Gambian sureties, who must swear to an affidavit of means.

The bail conditions further stipulated that the accused persons should surrender their travel documents to the registrar of the court. 

The particulars of offence on count one stated that Bakary Sanyang, Musukebba Corr, Louie Gillen and Mamour Joof, between 1999 and 2011, at the Gambia Revenue Authority, by virtue of their employment as senior staff of the GRA, they neglected their official duties causing economic loss to the tune of D2,528,894 688.37 to the Government of The Gambia.

Count two stated that Louie Gillen between 1999 and 2011, at the GRA in Banjul, lied to the tax evasion commission.

Count three stated that Louie Gillen, Serign Saho, Selia Cole and Muhammed K. Krubally between 1999 and 2011, in Banjul and diverse places in The Gambia, whilst on oath they lied to the tax evasion commission.

Count four stated that Louie Gillen, Serign Bamba Saho, Selia Cole and Muhammmed K. Krubally, between 1990 and 2011, in Banjul and diverse places in the Gambia, they falsely uttered a document exhibited in the tax evasion commission as exhibit LG1 with intent to defraud.

Count five stated that Neneh Jallow, Remeh Jagne and Emmanuel Chime, in 2010, in Banjul and diverse places in The Gambia, falsely uttered a document being a deed of assignment with serial registration number 469/ 2010 vol 73 KD to the tax evasion commission with intent to defraud.

Count six read that Louie Gillen, between 1990 and 2011, in Banjul and diverse places in The Gambia, being a revenue officer under GRA entered into an agreement with Serign Bamba Saho to defraud The Gambia government of tax revenue.

Count seven indicated that Bakary Sanyang, between 1990 and 2012, in Banjul and diverse places in the Gambia, being a revenue officer under GRA entered agreement with Ebrima Kebbeh to defraud the Gambia government of tax revenue.

Count eight also indicated that Bakary Sanyang, between 1990 and 2011, in Banjul and diverse places in the Gambia, being a revenue officer under GRA entered into an agreement with Ebrima Kebbeh to defraud the Gambia government of tax revenue.

Count nine revealed that Mamour Joof, between 1990 and 2011, in Banjul and diverse places in The Gambia, entered into an agreement with Kombo Poultry Farm, to defraud the Gambia government of tax revenue.

Count ten further revealed that Louie Gillen some time in 1990 and 2011, in Banjul and diverse places in The Gambia, he intentionally and unlawfully caused economic losses to the Government of The Gambia.

Count eleven read that Bakary Sanyang, Musukebba Corr, Louie Gillen and Mamour Joof, some time in 1990 and 2011, in Banjul and diverse places in The Gambia, they intentionally and unlawfully caused the state to lose revenue amounting to D2, 528,894,698.37, being total outstanding liabilities owed after the reassessment of selected income, sales payer and capital gain tax payers.

Count twelve indicated that Reneh Remer, between 1990 and 2011, in Banjul and diverse places in The Gambia, made false and misleading statements in the declaration of their income on capital gain tax.

Furthermore, count thirteen indicates that Ebrima Kebbeh, between 1990 and 2011, in Banjul and diverse places in The Gambia, made false and misleading statements in the declaration of their income on capital gains tax.

And count fourteen stated that Momodu Sanneh and Fatou Sonko, between 1990 and 2011, in Banjul and divers places in The Gambia, they made false and misleading statements in the declaration of their income on capital gains tax in Babuccar Sey and Alex Tabbal sales property transaction.