However, the defence counsel put to Mr. Keita that there have been instances where such occurred and that it was stated that when OMCs are allowed to uplift in excess of their (fuel) entitlement, the OMC is obliged to replenish or replace the stock (fuel) within the days or one month.
The witness agreed, but also argued that it is the responsibility of the Gam-Petroleum employee who allowed the OMC to lift in excess to ensure replenishment (replacement).
"But you said it is the responsibility of the person who allowed the OMC to uplift to make a follow-up, but will you agree with me that if the OMC didn't replenish the fuel before the end of the month, that will be a breach of contract," he asked the witness, who affirmed the counsel's point.
The witness admitted that it is the responsibility of the board of directors of Gam-Petroleum to take legal action against OMCs on negative balance in breach of contract.
However, the counsel put it to the witness that the problem of this negative balance has been there for a long time, even before he (the witness) joined Gam-Petroleum.
"As far as I know, I have never had access to stock records until when I was appointed general manager," the witness responded.
"In fact, I am putting it to you that this problem came up at the Janneh Commission in both heavy fuel and other fuel, such as light fuel," the defence counsel reacted, but the witness said he was not aware of that claim.
The counsel told the witness that even in board meetings held by the Gam-Petroleum board, there has been discussions and deliberations of outstanding debts on negative balances before January 2021 to 31st October 2021.
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