Court to Face Demand to Free GAMCOTRAP Officials

A team of four defense lawyers led by Amie Bensouda will make recommendation to the court to free the two Gamcotrap officials accused of stealing.  

Dr Isatou Touray, executive director and Amie Bojang Sissoho, programme coordinator of GAMCOTRAP are accused of stealing €30, 000.00 provided to them by YALOCAMBA SOLIDARIDAD, a Spain-based NGO.

Both pleaded innocence.

Eight witnesses have testified for the state. But the lawyers are unconvinced that any of them produced incriminating evidence to link their clients to allegations of the said theft. 

Lawyer Amie Bensouda on Wednesday made it known to the presiding magistrate that she will make a ‘No-Case-to-Answer’ submission.

It followed the announcement by the prosecuting police officer, Superintendent Sainey Joof that the state is satisfied with evidence against the accused persons.

Dr Touray and assistant were arrested in last year and detained at the police station until the following day when they appeared at the Banjul Magistrate Court.

Their first move to secure bail failed and they were further remanded for several days. They were subsequently granted bail on their second appearance.

The two prominent women’s rights activists have over the past two decades carved a niche for themselves, especially in the crusade against harmful traditional practices.

The defense lawyers said they will urge to court to acquit and discharge them, because in their view, the state has failed to produce substantial evidence to warrant the continuation of the trial.  

The trial resumes Friday May 13.

Trader Fatajo Avoids Jail

A Gambian businessman convicted for ‘breach of peace’ has paid the D10, 000 fine imposed on him and avoided going to jail.

Banjul Magistrates’ Court on Wednesday sentenced Mr Karamo Sainey Fatajo to pay a fine of D10, 000 or go to jail for three months.

But Mr Fatajo and an army of family members and sympathysers who went to witness the judgement prefer the former as Mr Fatajo wasted no time to pay the money.

A judicial source said Mr Fatajo’s best friend helped him to pay the fine within an hour. 

In any case, the businessman was full of life when he walked-out of the court a freeman after a four-month long trial, our judicial correspondent says. 

He was escorted to his home by his loved ones.

A family member told The Daily News that the imposition of a fine was a relief for them as  they had wept the previous day when he was declared guilty.

“We were hoping that he will be found innocent because, as far as we are concerned, he committed no crime, but when the magistrate said he was guilty we thought Karamo will be jailed,” the unnamed family member. 

The trader at Albert Market in Banjul was arrested in December 16, 2010, after a trader fellow, Mr Musa Babanding Ceesay told the state authorities that the Mr Fatajo was saying at the market that neighbouring ‘Senegal will attack Gambia.’

His alleged comment came in the wake of a recent thaw-in relations between Senegal and Gambia over the seizure of alleged Gambia-bound arms shipment impounded in Nigeria from UN-sanctioned Iran.

The arms catch renewed Senegal’s long suspicion over Gambia’s arms support to its independence-seeking rebels in Casamance. Gambia reacted by accusing Wade government of smear campaign.     

Although Karamo had denied saying that ‘Senegal will attack Gambia’, the magistrate on Tuesday said enough evidence was produced to find the trader guilty.

At dawn of the trial, some analysts commented that the case is an indication of how much Jammeh regime could go to suppress speech.

Social Security Boss’ Economic Crime Case Struck Out

Acting Principal Magistrate has struck out the criminal case of Mr. Edward Graham, former Managing Director of Social Security and Housing Finance Corporation (SSHFC) accused of economic crime after the state insisted to withdraw the charges.

Mr. Graham, barely few minutes before entering in the dock was facing four charges of economic crimes; for directing the payment of D880, 250.00 without necessary collaterals and on terms detrimental to the economy of The Gambia.

“We are not objecting” said Madam Bensouda, defense for the accused “and I would like to commend the prosecutor for that.”

Mr. Graham was discharged by the Banjul Magistrates’ Court and his bail bond was given back after the defense applied for his discharge.

Until his discharg no witness has given evidence against Mr. Graham before the court since his appearance in court January 6, 2011. He was denied bail and was remanded until January 20 when he appeared in court, but his lawyer was unable to secure him bail as the investigation was still ongoing.

According to count one of the charge sheet, Edward Graham in 2009 at Banjul corruptly abused his office to writ, directed Home Finance Company Ltd to pay the sum of D880,250.00 to Marie Saine Firdaus without the necessary collateral, contrary to section 5 (g) of the Economic Crimes (specified offences) in Decree 1994.

Count two indicates that on or about September 2, 2010 at Banjul within the jurisdiction of the court, being a citizen of The Gambia caused financial loss to SSHFC, a public body by waiving interest on mortgages in breach of the Housing Finance and Development Corporation Act 2010, contrary to section 5 (a) of the Economic Crimes (specified offences) in Decree 1994.

Count three states that Mr. Graham in 2009 being the Managing Director of SSHFC willfully caused loss to Home Finance Company Ltd, a public body by directing it to grant a loan to Marie Saine Firdaus in a manner and on terms detrimental to the economy of The Gambia, contrary to section 5 (a) of the Economic Crimes specified offences in Decree 1994.

Count four added that Marie Saine Firdaus in 2009 at Banjul, being a citizen of The Gambia collaborated with Edward Graham, Managing Director of SSHFC to intentionally and corruptly obtain the sum of D880, 250.00 from Home Finance Company Ltd in a manner and on terms detrimental to the economy of The Gambia, contrary to section 5 (h) of the Economic Crimes specified offences in Decree 1994.

Jabang Village Headman Defends

The headman of Jabang village has told the Banjul Magistrates’ Court that he did not give false information to Moses Richards.

Pa Ebrima Colley was continuing testimony on Thursday at Banjul Magistrates’ Court in the sedition and false information trial involving Moses Richards, a defense lawyer.

A former High Court Judge, Moses Richards, is alleged to have written a deceiving letter on behalf of Jabang village to the Sheriff of High Court in Banjul, indicating that Office of the President ordered a stay of execution of a court order to conduct an eviction exercise in the village.

However, the alkalo of Jabang who said it was the sheriff who instructed him to secure the services a lawyer to write a letter, insisted that defended Moses Richard’s actions.

“As a result of writing a letter, your lawyer is now charged before this court with giving false information and sedition. Now I want you to tell magistrate whether you give false information to your lawyer,” a senior defense lawyer, Antouman Gaye quizzed the village head.

And Pa Colley replied: “I stand by the content of the letter because I told him everything that he has written.”

The magistrate at this point intervened and told the defense lawyer that it is left for the court to decide.

 “Don’t you think it is premature to jump into a conclusion?” the magistrate asked counsel Gaye, who insisted that the question was right and that the magistrate’s decision in the end will be based on facts.

 Continuing his evidence, Mr. Colley informed the court that the incident that took place was reported in the newspapers. “Can you recall any particular newspaper?” defence asked.

“Yes,” he said, “It was published in Daily Observer”

According to him, he bought a copy of the paper and kept it as it was an unforgettable incident.

The newspaper story headlined: ‘Three arrested at Jabang Village’ on  Monday June 11, 2007 was tendered.

Mr. Colley said Ma Abdou Jammeh, Ousman Senghore and Amadou Colley were some of victims whose properties were damaged in the eviction exercise in 2007. He said they lost their monies too, but cannot remember how much it was.

Under cross-examination, the state counsel asked the witness if the Sheriff was trying to help him when he asked him to secure a lawyer.

 “It is possible that he wanted to help me,” replied the witness.

“And he warned that if you don’t write the letter within three days, there will be execution,” the state counsel asked further. But the village head clarified that the Sheriff did not tell him that he has three days, but rather, it was Pa Harry Jammeh, the solicitor General.

He admitted that the accused person wrote the letter to stop the execution of judgment when the state counsel.

The trial resumes Thursday, April 28.

Retired Civil Servant Testifies in Social Security Boss Theft Case

A retired civil servant, Ruth Sowe who claimed that the former Social Security boss stole the sum of D652, 250.00 from her testified as first prosecution witness on Thursday at the Banjul Magistrates’ Court before Taiwo Ade Alagbe.

 Mr. Graham, Social Security managing director who is on bail of D1Million is accused of stealing the sum of D652, 250.00 (six hundred and fifty-two thousand, two hundred and fifty dalasi) being the property of Mrs. Ruth Sowe sometimes in 2009.

He denied the allegation.

According to the witness she did not know the accused very much but recognized him. “We spoke twice on telephone. The first call was about the proposed meeting between me and him to discuss the way forward about a property in dispute,” she said.

The property, she said is at 16 Kairaba Avenue and is owned by his aunt who was so close to the accused person. “They were like mother and son,” she adduced, adding that the proposed meeting never took place as she told him that she will need her lawyer. “The accused too said he will refer it his lawyer”

Mrs. Sowe further told the court that she told the accused that she will wait for the outcome of the suit that the accused has taken against her when the he (accused) proposed for another meeting.

The defense at this juncture informed the court about what the accused was charged with by reading it to the court. She said the witness was referring to a judgment that the High Court has already given. “All facts and matters prior to that judgment, this court cannot make those findings,” she said

Bensouda said the fact that the criminal case does not give the prosecution to make findings that of the High Court.

The objection was however overruled by the magistrate.

When witness started giving evidence the magistrate told the prosecution that the case be adjourned as the witness was giving evidence that was different from the charges.

Before the adjournment, the defense brought to the notice of the prosecutor that the jurisdiction of the Banjul Court stops at Denton Bridge. “The property if at 16 Kairaba Avenue, why is the case in this court,” she asked, adding that it should have been preferred at the Kanifing Court.

Ex-Lawmaker, Soldier’s Drug Case Proceeds

The drug trial involving an ex-National Assembly member and a former military personnel will tomorrow proceed with the testimony of the latter.

Dawda Manneh, a former ruling party parliamentarian for Nianija constituency and Demba Baldeh, a former soldier were allegedly found in possession of over 9 kilograms of cannabis, an illicit drug they intend to traffic.

Both pleaded not guilty to the two counts: drug trafficking and conspiracy.

The trial that began since 2008, but faced some stalemate is now coming closer to end.

The former lawmaker on Wednesday completed his testimony before magistrate Taiwo Ade Alagbe of the Banjul Magistrates’ Court.

He denied having had knowledge of the cannabis in his vehicle. The cannabis, he said, belongs to his co-accused, Demba Baldeh, he lifted in his vehicle at Brusubi up till .. where they were arrested.

When Demba was asked to open defense on Wednesday, his lawyer urged the court to adjourn the case for her to familiarise herself with the matter.

The trial continues on April 28.

Trader Fatajo Found Guilty

Karamo Sainey Fatajo, a trader at Albert Market in Banjul, yesterday dissolved into tears after he was declared guilty of ‘breaching the peace’ for saying that that the neighbouring Senegal will attack Gambia.
The atmosphere that greeted the conviction of Mr Fatajo was a sorry one. Grief-stricken family members and other sympathysers who hoped relief at the end of the four-month long trial, could not hold-back their tears. 
Later, they helplessly looked-on as their loved one, a family bread-winner was being escorted to remand at Mile 2. He will be held under the custody of the state until today when the sentence will be handed-down.
Mr Fatajo was arrested December 2010 at the Albert market in Banjul when Mr Musa Babanding Ceesay, a fellow trader reported him to the police and other state authorities, including the then Secretary General and Head of Civil Service, Dr Njogu Bah.
He is said to have told fellow traders at the market that ‘Senegal will attack Gambia,’ thereby breached the peace. His alleged comment came in the wake of a recent diplomatic row between Senegal and Gambia over alleged Gambia-bound controversial arms shipment impounded in Nigeria from UN-sanctioned Iran when Gambia branded Senegalese president as enemy.    
Despite denying the charge and allegation of uttering the said words, the presiding magistrate in Banjul claimed that he has enough evidence to convict Mr Fatajo.
Magistrate Taiwo Ade Alagbe agreed with Mr Musa Babanding Ceesay’s tesmony in court that Mr Fatajo did say that ‘Senegal will attack Gambia.’
“I was shocked when the defense said that Mr Fatajo was exercising his right to freedom of expression,” he said, adding that comment could lead to disarray.
According to the magistrate, issues of national topics should not be discussed in public places such as a market.
“Certainly the convict has learned his lesson that he will not discuss sensitive and political matters in public,” said lawyer Mboge, in pleading with the court to exercise mercy on his client.
Mr Fatajo is the bread-winner of his family, who has none but him alone to depend on for their survival, Mboge told the magistrate, whose decision on what penalty Mr Fatajo will face, will be known today.