Two fisheries officials, Nfamara Darboe and Nfamara Dampha, charged with
eleven counts, including neglect of official duty, economic crime and abuse of
office at the Banjul Magistrates’ Court, on Tuesday appeared at the Banjul High
Court before Justice Abi seeking bail.
Defence counsel E. Singhateh, who represented Director of Fisheries Nfamara Darboe, said the state was not opposing bail for the accused, Nfamara Darboe.
He said the applicant, Nfamara Darboe, is facing five counts of negligence to official duty and two counts of economic crimes.
The counsel added that on the economic crime charge in count two, there was no amount stated therein and count four, which was neglect of official duty, the amount stated therein was D13,913,481.38.
He said that in count five the amount stated therein was D500,000 and they intended to take the court’s mind to section 99 su-bsection 2 of the CPC.
The case was adjourned to 23 February 2015, for ruling.
Meanwhile, Nfamara Dampha was in court but his bail application was not examined.
According to the particulars of offence in count one, Amadou Saine, Nfamara Dampha, Dr Bamba Banja and Nfamara Darboe (1st, 2nd and 3rd accused persons) between January and August 2012, being permanent secretaries and directors at the Ministry of Fisheries and Water Resources and the Department of Fisheries respectively, failed to ensure that local commercial canoes were issued with fishing licence to carry out fishing activities in The Gambia as required by the Fisheries Act 2008, which resulted in financial loss to the Government of The Gambia.
Count two stated that the aforesaid persons including Nfamara Darboe (4th accused) between January and August 2012, being permanent secretaries and directors at the Ministry of Fisheries and Water Resources and the Department of Fisheries respectively, failed to ensure that local commercial canoes were issued with fishing licence to carry out fishing activities in Gambia waters as required by the Fisheries Act 2008, which resulted in financial loss, and detrimental to the economy of The Gambia or the welfare of the people of The Gambia.
Count three stated that the 1st, 2nd, 3rd and 4th accused persons, between January 2008 and August 2012, being permanent secretaries and directors at the Ministry of Fisheries and Water Resources and the Department of Fisheries respectively, failed to supervise and ensure the recovery of poaching fines within the timeframe as stipulated in the Fisheries Regulation 2008, which resulted in the loss of D21,000.00 to the economy of the state.
According to the fourth count, the four accused persons between January and August 2012 being permanent secretaries and directors at the Ministry of Fisheries and Water Resources and the Department of Fisheries respectively, failed to appropriate and in violation of the Fisheries Act and Regulation resulted in the loss of D13,913,481.38 being monies that could have been recovered by the department.
Count five alleged that the same accused persons, sometime between April and May 2014 in Banjul being permanent secretaries and directors at the Ministry of Fisheries and Water Resources and Department of Fisheries respectively, failed to pursue the case of a pouching fine amounting to D500,000 against Red Sea International Fishing Development Company Limited, an omission detrimental to the economy of The Gambia.
Count six alleged that the same accused persons sometime between April and May 2014 in Banjul, being permanent secretaries and directors at the Ministry of Fisheries and Water Resources and the Department of Fisheries respectively, neglected their duties by failing to pursue the case of a pouching fine amounting to half a million dalasis against Red Sea International Fishing Development Company Limited.
Count six stated that Kebba Konjira, between January 2008 and August 2012, in his capacity as the accountant at the Department of Fisheries, raised payment vouchers in the name of the director for payment of salaries to staff amounting to D283,925.24 without list of staff paid.
The particulars of offence on count eight stated that Mr Konjira sometime between August 2012 and March 2014, in Banjul allegedly received several payments totalling D1,924,130.00, which he deliberately failed to bank on time as required by Financial Instructions.
According to count nine, Mr Konjira between 2012 and 2014, in Gambia’s capital, being the accountant of the Department of Fisheries, failed to tag physical assets of the department.
The prosecution added that Mr Joseph Gabidon, Musa Jawla, Abdoulie Njie and Momodou Njie between January 2008 and August 2012, being employed at the Department of Fisheries attached at the Monitoring, Control and Surveillance Unit, as well as at the Inspectorate Unit of the department abused their office by internally printing licence application forms without serially numbering them and selling them to the public.
The last and final count on the charge sheet alleged that Mr Nfamara Dampha, sometime in 2013, in Banjul and diverse places, whilst employed as the Director at the Department of Fisheries, awarded a contract to Tabaning Sita Construction Company without following the Gambia Public Procurement Act (GPPA)
