Trial
commenced yesterday of the former managing director of the Gambia Ports
Authority and the institution’s former director of finance at the Banjul
Magistrates’ Court before senior Magistrate Lamin Mbye.
Abdoulie Tambedou, former GPA Managing Director, and Hali Abdoulie Gai, GPA’s former director of finance, are being tried on two counts of neglect of official duty, and three counts of disobedience of statutory orders.
The first prosecution witness, Momodou Jallow, testified and told the court that he was police officer attached to police headquarters in Banjul.
He said he knew the accused persons, because he was part of the panel that investigated them in connection with the case.
Officer Jallow disclosed that during the investigation, he was instructed to obtain both cautionary and voluntary statements from the accused persons.
He said before obtaining the cautionary statement from Abdoulie Tambedou, he read the cautionary wording to him in the presence of an independent witness, and the accused person chose to write his own statement.
“I signed the statement, the independent witness countersigned and the accused person also signed the statement,” he said.
He recognised the cautionary statement he obtained from Abdoulie Tambedou through his signature, and the said cautionary statement was tendered in court as an exhibit.
Officer Jallow said he also obtained both the voluntary and cautionary statements from the second accused person, Hali Abdoulie Gai, which he confirmed in court through his signature, and they were tendered in court as exhibits.
Under cross-examination by the defence counsel, E. Jah, who asked the witness whether during the course of their investigation there was anything contrary against his client, the witness said he could not remember as it was a long time.
Counsel E. Jah then put it to him that there was nothing contrary found against his client; that was why he could not remember what transpired.
However, PW1 told the court that what he knew was that he was instructed to obtain statements from the first and second accused persons, which he did in the presence of an independent witness.
He said during the investigation, the first accused person told them that when the approval was made, he was not in office at the time.
Essa Sowe, a police officer, also testified as the second prosecution witness and told the court that he was among the panel that investigated the accused persons, and obtained a cautionary statement from the first accused person in the presence of an independent witness.
He said the panel investigated the accused persons, among other things, in connection with the one hundred and eighty million dalasis secured from the Social Security and Housing Finance Corporation (SSHFC), for the purchasing of new ferries.
Sowe identified the cautionary statement he obtained from the first accused person, Abdoulie Tambedou, through his signature and the signature of the independent witness.
The said cautionary statement was tendered in evidence as an exhibit.
At that juncture, the case was adjourned to 22 August 2013, for cross-examination.
On count one, the state accused Hali Abdoulie Gai and Abdoulie Tambedou that in may 2011, at Banjul, in the Banjul City Council, within the jurisdiction of the court of being employed in the public service and in their capacities as Acting Managing Director and Director of Finance of the Gambia Ports Authority (GPA) respectively, by willful negligent and without express approval diverted a loan of D150,000,000 secured from the Social Security and Housing Finance Corporations (SSHFC) for the purpose of purchasing new Ferries.
State prosecutors on count two accused Hali Abdoulie Gai and Abdoulie Tambedou that, in May 2011, at Banjul, in the Banjul City Council, within the jurisdiction of the court of being employed in the public service and in their capacities as Officer In Charge of Ferries and managing director of GPA respectively, in flagrant disobedience of an order of a Taskforce for restructuring Ferries Services constituted by the Office of the President, diverted a loan of D150,000,000 secured from Social Securityand Housing Finance Corporations for the purpose of purchasing new Ferries.
Abdoulie Tambedou was further accused on count three that, in August 2012, at Banjul, in the Banjul City Council, within the jurisdiction of the court of being employed in the public service as managing director of the GPA, procured used vehicles and machines from Ballast Nedam, Africa BV, without the sanction of the Gambia Public Procurement Authority.
State prosecutors also accused Abdoulie Tambedou on count four that, in August 2012, at Banjul, in the Banjul City Council, within the jurisdiction of the court of being employed in the public service, as the GPA managing director, awarded a contract for the procurement of spare parts and rehabilitation of electronic weigh bridges to Avery Weigh-Tronix Limited without the sanction of the Gambia Public Procurement Authority.
On count five, Abdoulie Tambedou, was alleged that, in August 2012, at Banjul, in the Banjul City Council, within the jurisdiction of the court of being employed in the public service as managing director of GPA, by willful negligence and without express approval diverted a loan of D30,000,000 secured from the Social Security and Housing Finance Corporation (SSHFC), for the purpose of repairing ferries.
