Waa Juwara and co trial progresses

The trial involving Lamin Waa Juwara, former Minister of Regional Administrations, Lands and Traditional Rulers and two others continued yesterday at the Banjul Magistrates’ Court before acting-Principal Magistrate Dawda Jallow.

The other accused persons are Hamidou Jallow, Principal Lands and Evaluation Officer, and Tamsir Onasis Konteh, a businessman.

When the case was called the Director of Public Prosecutions applied to the court to remind the witness where he stopped at the last adjournment date, which was granted by the court.

Samba Sillah then continued his testimony, and told the court that he did mention that during the course of the investigation, three land allocation documents were found or recovered in the file at the Ministry of Lands and Surveys, and two of them were plots C8 and C9 at Tanji Layout in the West Coast Region.

He added that another plot of land was allocated at Kotu Layout as compensation to the first accused person, Tamsir Onasis Konteh.

Designated as the first prosecution witness (PW1), Sillah further told the court that two allocation letters were also recovered during the investigations, which were for C8 for Basiru Sambou in 2003, and another plot C9 allocated to the Kanilai Family Farm in 2005.

He pointed out that the investigation also led to the recovery of land premium which was prepared by the second accused person, Hamidou Jallow.

The investigation also led to the recovery of the incomplete lease document which was prepared for Basiru Sambou, he said.

He added that there was also a letter of withdrawal of plot C9, which withdrawal was done because they realized that there was an investigation going on at the time.

Asked by the Director of Public Prosecutions, S.H. Barkun, whether he would be able to recognise the said letters recovered during the investigation, the witness confirmed them as the ones they recovered.

The DPP then applied to tender the recovered letters, but this was objected to by defence counsel Sheriff Marie Tambedou.

Senior counsel Tambedou argued that the documents sought to be tendered were photocopies, and they gave secondary evidence, not primary evidence.

 They did not meet the statutory requirements, counsel submitted.

The DPP did not lay any foundation, neither the witness, for the admissibility of the documents, he further argued.

Counsel Tambedou later withdrew his objection after consultation with the other counsel, Abdoulai Sissoho.

The documents were later tendered and marked as exhibits.

At that juncture, the case was adjourned till 23May 2013.

Count one of the charge sheet indicated that Tamsir Onasis Konteh and Hamidou Jallow in Novemeber 2011, at Banjul, within the jurisdiction of the court, conspired to use forged documents to claim compensation in respect of Tanji Residential Layout.

Count two stated that Tamsir Onasis Konteh, in November 2011, in Banjul, within the jurisdiction of the court, made a document purportedly to be land title documents issued by the Alkalo of Tanji village in order to claim compensation in the respect of plots acquired for Tanji Residential Layout.

Count three read that Tamsir Onasis Konteh, in November 2011, in Banjul, within the jurisdiction of the court, knowingly and fraudulently uttered false documents in order to claim compensation in respect of the plots acquired for Tanji Residential Layout.

Count four stated that Tamsir Onasis Konteh, in November 2011, in Banjul, within the jurisdiction of the court, with intent to defraud, obtained D300,000, from Edward T. Sambou as consideration of plot of land at Tanji Residential Layout with knowledge that the said plots were allocated to him under questionable circumstances.

Count five disclosed that Hamidou Jallow, in November 2011, in Banjul, within the jurisdiction of the court, being employed in the public service and in his capacity as Principal Land and Evaluation Officer, caused plots of lands (Nos.C8 and C9) to be allocated as compensation to Tamsir Onasis Konteh, with the knowledge that the said plots were already allocated to Kanilai Family Farms and Mr. Basirou Sambou, respectively and with knowledge that the said Tamsir Onasis Konteh, was not qualified for any.

Count six stated that Hamidou Jallow, in November 2011, in Banjul, within the jurisdiction of the court, being employed in the public service and in his capacity as Principal Land and Evaluation Officer, caused plots of lands (Nos C8 and (9) to be allocated as compensation to Tamsir Onasis Konteh as against the laid down procedure for the award of compensation.

Count seven stated that Hamidou Jallow, in November 2011, in Banjul, within jurisdiction of the court, being employed in the public service and his capacity as Principal Land and Evaluation Officer and in disobedience of the order of the director of lands, caused compensation to be paid to Tamsir Onasis Konteh.

Count eight stated that Lamin Waa Juwara, in November 2011, in Banjul, within the jurisdiction of the court, being an employed in the public service and in his capacity as Minister of Regional Administrations, Lands and Traditional Rulers, by willful negligent act, caused plots of lands(Nos C8 and ( C9) to be allocated as compensation to Tamsir Onasis, with the knowledge that the said plots were already allocated to Kanilai Family Farm and Mr. Basirou Sambou, respectively and with the knowledge that the said Tamsir Onasis Konteh was not qualified for any.