#Article (Archive)

PW1 testifies in capital gain tax case

May 3, 2013, 10:47 AM | Article By: Halimatou Ceesay

The first prosecution witness, Abdoulie Cham, recently testified in the trial involving Saikou Conteh and Kebba Conteh at the Brikama Magistrates’ Court before Magistrate Babucarr Secka.

The accused persons, Saikou Conteh and Kebba Conteh, are being tried on charges of procuring executive document by false pretence, making documents without authority and capital gain tax.

In his testimony, Abdoulie Cham told the court he recognised the accused persons and could recall what happened in 2002.

He said he knew the first accused, Saikou Conteh, through his brother, one Amadou Sillah, adding that the first accused introduced the second accused, Kebba Conteh, that he wanted a land.

He said he (the witness) told him that if he wanted, he could give a land measuring 100x100m, adding that they discussed and agreed on a price of D160,000

PW1 further told the court that the second accused said he could not pay all at once, but he could pay D90,000 and the balance of D70,000 in two months’ time, and he paid the D90,000 to him.

After the first payment, he prepared a local transfer from him to the second accused, Kebba Conteh, prepared by the alkalo’s son, one Momodou Cham, he said.

He further stated that in two months’ time, the second accused paid the remaining balance which he went to collect with the first accused person.

“I gave D16,000 to the first accused, Saikou Conteh, as condition attached to the land deal,” he stated.

After the payment, he went on, the accused persons started to develop the land by erecting a fence.

He said he later measured it and he found out that it was more than 100x100m, adding that he measured where 100x100m ended and demolished the rest and dug a borehole there.

PW1 explained that later, he was dragged to court by the accused persons for demolishing the fence, adding that he was later advised by some people to erect the fence again, which he did.

He said the case was a criminal case and he was discharged.

He said he also reported the matter to Old Yundum Police Station, stating that after he was discharged, he filed a civil suit against the accused persons.

The accused persons went to the police headquarters complaining that they took him to court and he was discharged without their knowledge, he added.

He said he was called at the police headquarters and he told them to ask the police prosecutor.

He added that he summoned them in court and when the police asked the alkalo, he told them he prepared a document containing 100x100m, which was a local transfer document.

When the prosecutor showed him the document for identification, PW1 said that was not the document because it did not contain 100x100m and his signature.

The document was tendered as exhibit.

Hearing continues on 27 May 2013.