Ward councillor says he did not know giving false information is a crime

Councillor Ceesay said he never knew that giving false information to investigators of the Commission constituted a crime. 

He was cautioned by Lead Counsel Patrick Gomez, who informed him that his act of giving false statement was illegal and he could be criminally charged by the police.

The Commission noted that Ceesay told the investigators of the Commission, as captured in his written statement, that "on the appointment of Nuru Deen Adama, Isatou Faal, Sanjally, Yusupha Sallah and Babucarr Jammeh, I can vividly remember these appointments were presented to Establishment and Appointment Committee in our first sitting by the Lord Mayor, Talib Ahmed Bensouda, and there was no job advertisement conducted for these positions. I recalled that both Nuru Deen Adams and Isatou Faal were given grades that didn't match their respective qualifications, which I challenged in our committee meetings. However, there was a general council resolution to appoint Isatou Faal on grade 10.1 and Nuru Deen Adams on 7.1.”

Appearing before the Commission on Tuesday, Councillor Habib M.L. Ceesay, who doubles as the head of the Establishment and Appointment Committee of the KMC, admitted that he was the one who told the investigators such and further admitted that the statement therein was his.

However, the controversy started when he began to make another statement, this time removing completely the name of the mayor. Thus, he was asked whether what he told the investigators was misrepresented, and he responded saying, “This was what I told the investigators but I want to change it.”

He was asked why he wanted to change his statement. Responding to that, he said the statement he made before the investigators was made without oath and now that he appeared before the Commission, he wanted to remove the name of the mayor.

Lead Counsel Patrick Gomez told him that it is a crime as set out by law to make false statements to investigators of the Commission.

The lead counsel highlighted that the councillor made a false statement and admitted before the Commission that what he told the investigators was false. He made reference to what was contained in the statement and the testimony of the witness to argue that he made false statements.

The witness said he wished to change the statement to remove the name of the mayor, which read: "These appointments were presented to the first meeting of the Establishment and Appointment Committee by the Lord Mayor.”

He told the investigators that “he can vividly remember” that the mayor was the one who brought the list to them during the first meeting of the Establishment and Appointment Committee.

Now appearing before the Commission on Tuesday, he said he could not remember whether it was the mayor or not, and in that regard he wanted to remove the name of the mayor. He claimed to have made a “mistake” and wanted to change it.

“Why did you tell the investigators what you told them?” the lead counsel posed.

Ceesay said the reason was because he could not remember, even though his statement unequivocally stated that he could "vividly remember".

The lead counsel asked if the councilor representative of New Jeshwang and Ebo Town at the Kanifing Municipal Council (KMC), Habib Cessay, was aware that "giving a false statement to a public officer is a crime".

“Not to my knowledge,” Councillor Ceesay responded.

The lead counsel read section 114 of the Criminal Code, which outlines the crime of 'Giving False Information to a Public Servant'.

The lead counsel said Ceesay did not dispute that he was the one who told the investigators what was written in the statement. He stated that he was not under oath when he made that statement.

Counsel Gomez said the witness, Habib Ceesay, could be criminally charged with perjury for giving false information to a public servant. He laid down the basis of his claim, making references from the written statement of the witness and his oral testimony before the Commission.