The
first prosecution witness, Bakary Darboe, still under cross-examination before
Justice O. Ottaba of the Special Criminal Court, yesterday told the court that
defence exhibit 1 was prepared by the current managing director of GNPC.
He
was responding to question from the defence team, in the GNPC case involving
former Petroleum Minister Sira Wally Ndow-Njai and 8 others.
The
accused persons are Sira Wally Ndow-Njai, Momodou O.S. Badjie, Fafa Sanyang,
Cherno Marena, Seedy Kanyi, Muntaga Momodou Sallah, Momodou Taal, Louie Moses
Mendy and Noah Touray.
When
the case was called, DPP S.H. Barkun appeared for the state alongside A.
Adeyimi, and A. Yakubu.
The
defendants were represented by senior counsel A.A.B. Gaye, S.M. Tambadou,
O.M.M. Njie, C. Gaye, L.S. Camara, R.Y. Mendy, B. Conteh, Y. Senghore, E.E.
Chima, C.E. Mene and S. Sillah.
Continuing
his cross-examination, defence counsel S.M. Tambadou asked the witness who
prepared the defence exhibit 1, which was the tabulation.
“It
was prepared by Mr Baboucarr Njie.”
“Who
is Baboucarr Njie?”
“Baboucarr
Njie is the current Managing Director of GNPC.”
“Did
the police do a tabulation of their own in this investigation?”
“No,
Sir.”
“Do
you have accountants in the police?”
“Yes,
my lord.”
“On
26 August when pose questions to the 1st accused, which resulted in the making
of exhibit A, the first accused person has already been brought to court?”
“Yes,
it is true.”
“Of
course, the first accused person in her statement has denied and always denies
the charges levied against her?”
“That’s
true.”
Defence
counsel L.S Camara representing the 2nd, 5th and 9th accused persons, also
reminded the witness that he told the court, in his evidence-in-chief, that he
looked at the contract document and defence exhibit 1 during the course of
their investigation to arrive at the loss incurred at GNPC. “Is that right?”
“Yes,
Sir.”
“Mr
Darboe, are those the only documents you looked at to arrive at the loss
incurred at GNPC?”
“As
far as I am concerned, it is only the tabulation we looked at to arrive at the
loss incurred. There is nothing wrong with the contract document.”
“Mr
Darboe, personally are you an accountant?”
“I
am not.”
“Which
of the investigating panel members is an accountant?”
“I
don’t know.”
“Have
a look at defence exhibit 1; did you seek the interpretation or explanation
from defence exhibit 1 from anywhere or anyone?”
“Yes,
my lord.”
“From
who?”
“From
the author.”
“Look
at the page, and show me where the name and the signature of the author is?”
“There
is no name and signature of anyone.”
“During
the course of the investigation, did you speak or interrogate the 2nd accused,
Momodou O.S. Badjie?”
“Yes,
my lord.”
“Did
you obtain any statement or statements from him?”
“Yes,
my lord.”
“You
have those statements with you?”
“No,
Sir.”
“Have
a look at exhibit B. When was it recorded?”
“25
August 2016.”
“Where
was it recorded?”
“It
was recorded at the NIA.”
“I
understand that Mr Sanyang at the time was responding to questions you were
asking him in exhibit B?”
“That
is correct.”
“It
is correct that the document exhibit B is a substantive cautionary statement
taken earlier?”
“Yes.”
“Do
you record the substantive statement taken prior to this statement?”
“No,
Sir.”
“Do
you know who did?”
“No,
I don’t know.”
“Would
you recall the question asked in number 3 and 4?”
“No,
Sir, I can’t.”
“You
know the 5th and 9th accused, is that correct?”
“No,
Sir.”
Counsel
Y. Senghore for the 4th accused also asked the witness whether he knew who the
members of the first team were.
“Yes.”
“Who
were they?”
“They
were Alajie A.K. Manneh, Bakary Drammeh, Mustapha Ceesay and one Fatty.”
“It
is correct that your investigation team only got involved after charges were
brought against the accused persons?”
“I
don’t know.”
“Is
it correct that your team started investigating in late July to early August?
Isn’t that what you said?”
“I
said so.”
“It
is equally correct that the accused persons were taken to Banjul Magistrates’
Court on 22 June 2016 prior to your investigation?”
“I
don’t know when they were taken to court. So I cannot confirm.”
The
case continues on 7 November 2016, at 3pm, for further cross-examination of the
first prosecution witness.
