The judge (Haddy Roche) said the prosecution (the state) failed to establish evidence to indicate the accused persons indeed committed the alleged crimes pressed against them.
Saihou Drammeh was the managing director of Gam-Petroleum Company Limited, while Lamin Gassama was Operations managers at the company’s depot at Mandinary in the West Coast Region.
The two accused persons were charged with eight (8) counts including three (3) counts of economic crimes and five (5) others on alleged corruption.
The eight counts were leveled against the duo in their maiden court appearances at the High Court in Banjul on April 4th 2022 presided by Justice Haddy Roche.
The duo’s appearance in court followed their arrest regarding their alleged involvement in the alleged corruption, malpractices and the loss of fuel products worth US$20 million at the GP Depot
On particulars, count 1 alleged that Saihou Drammeh and Lamin Gassama conspired to commit economic crimes, contrary to section 368 of the Criminal Code. Cap 10:01 vol. iii Laws of The Gambia 2009 but the duo pleaded not guilty on the count.
Additionally, the particulars of the offence pointed out that between January 2021 and October 2021 at the depot, the accused acted together with a common purpose to commit felony and caused economic loss to The Gambia through an unauthorised disposal of petroleum products of international traders.
The duo on count two were alleged of stealing by clerk or servant, contrary to Section 245 (1) of the Criminal Code, and punishable under Section 258 of the Criminal Code. Cap 10:01, Vol. iii Laws of The Gambia 2009.
However, the particulars of the offence said that Mr. Drammeh, on or about the 16 September 2021 as general manager of the depot, stole US$235, 032.00 paid by GACH Global for the supply of petroleum product, the property of International traders in trust of Gambia Petroleum Storage Facility Ltd thereby committing an offence.
Count three accused the directors and officials of corporations or companies of fraudulently appropriating property, or keeping fraudulent accounts, contrary to section 301 (a) of the Criminal Code, Cap 10:01 vol. iii Laws of The Gambia 2009.
The particulars of the offence further stated that the 1st and 2nd accused, sometime between January 2021 and October 2021, fraudulently appropriated 5,919. 60 metric tons of Gasoil, valued at USD 4,695,189.94
The particulars continued that they stored 721.90 Metric tons of Gasoil, valued at USD 692, 323.76, being the property of ADDAX ENERGY SA, an International Oil Trader, in trust for Gambia Petroleum Storage Facility Ltd at the depot.
It further stated that the accused acted with intent to defraud, omitted to make a full and true entry thereof in the books and accounts of the Gambia Petroleum Storage Facility depot; thereby committing an offence.
Count 4 alleged that directors and officers of corporations or companies fraudulently appropriated property, or kept fraudulent accounts, contrary to section 301(a) of the Criminal Code, Cap 10:01 Vol. Ill Laws of The Gambia 2009.
The particulars of the offence further said Drammeh, and Gassama, sometime between January 2021 and October 2021, at the depot fraudulently appropriated 6250.813 metric tons of Gasoil, and 5180.843 metric tons of Gasoline, valued at US$9, 930, 021, 86.
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