Cham was handed around six meeting minutes of KMC's Contracts Committee. He confirmed three - dated 31 December 2018, 29 January 2019 and 14 January 2019 respectively. He raised some queries concerning the rest.
The meeting minutes confirmed were admitted in evidence. They pertained to the waste trucks procured by the Council through Espace Motors.
Lead Counsel Patrick Gomez, who guided the witness, asked: "The issue regarding the procurement of trucks with Espace Motors, did the Council engage in negotiations before the actual bidding process with the management of Espace Motors?"
Jaja said negotiations only happened after the bidding process to reduce the cost.
However, the counsel brought it to the attention of Mr Cham that from the records and examination the Commission had with the KMC's procurement manager at the time, Fatou S. Cham, the Council already engaged Espace Motors before following procurement process.
Cham said he was not aware. In that regard, the Counsel handed Cham the meeting minute dated 14 January 2019.
Paragraph 4 of page 2 states: "He additionally added that they were made to believe that since compactor [trucks] were requested by words, they will not be paying for it. The process may not need GPPA regulation. Thus, they went further to invite the manufacturing company to come on the ground and do a survey, so that the compactors would be environmentally friendly and fit for purpose.
"It was later when they have gone deeply into the process that they were told the [Gambia Public Procurement Authority] regulations must be adhered to. Thus, the lot was tendered and they abide by the principles and bade legally."
Counsel Gomez informed the witness that the issue of engaging Espace Motors before bidding happened was only being brought to his notice but, "but it has already been discussed over and over again with other witnesses, and they have agreed to the facts. And the minutes are very clear."
"Do you know who engaged Espace Motors before following due process?" he asked.
However, Cham maintain that he was not aware and never took part: "What I was aware of was the fact that after they won the bidding, negotiation was now there where they discounted 10 million dalasis from the amount."
The lead counsel mentioned those whose names were captured by the meeting minute as participants of the meeting.
Cham later maintained that he would be in a good position to talk about the 'Mballit' Trucks Project transactions, as he was a witness from conception to implementation. Thus, he explained that while he was not saying that Espace Motors was never engaged before a bidding tender process, he didn't personally witness it.
Counsel Gomez informed Mr Cham that he was not saying that he was aware or that he was individually part of it. However, the issue was that he (Mr Cham) endorsed the meeting minute.
This prompted Jaja to look at the meeting minutes, scrutinising it more thoroughly. He then expressed that he now had doubts over the signature, affirming the signature weren't his.
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