Foroyaa Newspaper Burning Issues - Issue No. 96/2004, 6-8 December, 2004

CONTINUED FROM LAST POSTING

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In response, SoS Gaye said that the Computer Unit of the Accountant
General’s Department is currently equipped with a light duty printer
capable of printing only 300 lines per minute. SoS Gaye indicated that
before the acquisition of this printer, two heavy-duty printers were
bought at different times but suddenly they developed fundamental
technical fault making them unoperational and that the current printer is
assigned on the following activities:
I.          Salaries of 16, 000 civil servants.
II.         Pension for 6, 000 pensioners.
III.            Government accounts.
SoS Gaye said with the status quo, it takes 8 hours to complete the
printing of salaries of the Department of State for Education alone! Given
these unfortunate circumstances, SoS Gaye said, the Accountant General’s
Department is exploring all available remedial measures to overcome these
setbacks. Furthermore, he said, with the commissioning of the IFMIS
(slated for 2005) this setback will be thing of the past.
On his part, the member for Upper Saloum, Hon. Hamat N. K. Bah raised the
following question regarding the delay in publishing the C B Audit
Report: “Mr. Speaker, could the Secretary of State for Finance and
Economic Affairs inform this august body as to what is responsible for the
delay in publishing the Central Bank Audit Report?”
In response, SoS Gaye pointed out that in May 2004, the Central Bank of
The Gambia engaged Deloitte and Touché of South Africa to conduct a re-
audit of its financial statements for the years ending 31st December 2001
and 2002 and that the re-audit was finally completed in October 2004. As
agreed with the IMF, SoS Gaye said, the audited financial statements have
been submitted to them for review and after the formal comments of the IMF
are received, the audited financial statements will then be submitted to
the Auditors who will sign them thus completing the audit process and then
financial statements will be laid before the National Assembly.
 
The Paul Commission
Monday 29th November 2004 Sitting
 
Since the commencement of President Jammeh’s anti-corruption commission in
July into the assets, properties and activities of top government
officials who served from July 22nd 1994 to July 2004 and chaired by
Justice M. A. Paul at the Department of State for Trade, Industry and
Employment building in Banjul, the activities of the commission have
intensified with more top civil servants appearing before Justice Paul.
 
TESTIMONY OF MOMODOU KANTEH
Appearing before the commission on Monday 29th November 2004 Major Momodou
Kanteh, former Yundum Barracks Camp Commandant said as Major in 2000, he
received D43, 000.00 as gross salary per annum; that he also received
feeding allowance of D240.00 per month; that the time he was leaving
office as Camp Commandant on the 16th November 2004, he was receiving over
D4, 000.00.
The retired Yundum Army Barracks boss acknowledged selling two vehicles
between 2002 and 2003. He was given a piece of paper by state counsel,
Mrs. Jainaba Bah Sambou to write his children’s names, school attending
and fees paid per term, which he did. Mr. Kanteh said his younger brother;
Mr. Basiru Kanteh who is a mason by profession paid his (Momodou’s)
children’s school fees.
Rtd. Major Kanteh said in 1988 he acquired a freehold property at Wassu in
the Gambian traditional way of buying cola nuts for the Alkalo and that is
where he has been staying since 1992; that he spent on the building D43,
000.00; that in 1998 he was given a freehold property as garden at Siffoe
Village by the Alkalo, but it is not developed; that he just planted
cashew, mango trees and dug a well; that in the same year (98) he acquired
another freehold property at Jiboro through the Alkalo. Rtd. Major Kanteh
denied having any property entrusted to him by anybody.
Continuing his testimony, Rtd. Yundum Barracks boss said that on 31st May
2004, he bought a Mercedes Benz at D45, 000.00 and later sold it at D25,
000.00. Ex-Major Kanteh told the commission that he bought his two
vehicles after serving one year in a peacekeeping mission in Sierra Leone
from January 2002 to February 2003 which he later sold. He acknowledged
banking with International Bank for Commerce (IBC) and Trust Bank. He
denied having any share in any bank or institution in or outside The
Gambia.
Asked by Mrs. Bah Sambou whether he has ever benefited from any insurance
scheme he replied in the negative. Rtd. Major Kanteh denied maintaining
anybody outside The Gambia.
Ex-Major Kanteh denied having any property in Kitty, Bathakunku and Kololi
and denied having a fishing boat. He also denied engaging in sand mining.
The Chairman of the commission, Justice Paul told Mr. Kanteh that they
(commission) have learnt that he (Kanteh) was allegedly engaged in sand
mining around his hometown (Siffoe) to which he (Kanteh) replied in the
negative.
The ex-Yundum Camp Commandant also admitted receiving complaints of cases
like smoking cannabis, drunk soldiers in uniform, stealing and even rape
cases within his staff while he was in office; that those involved were
either disciplined or sacked under directives from headquarters by
formally writing to them. Mr. Kanteh denied conniving with his boss in
selling building materials from Yundum Barracks while he was in office.
Justice Paul then told him that the commission received information that
he (Kanteh) was afraid of appearing before the commission to which he
(Kanteh) replied in the negative saying, “Why should I be afraid of the
commission?” He finally denied supervising the building project at the
Yundum Barracks, but gave security advice to the project.
 
TESTIMONY OF DUWA OMAR JATTA
The second witness to testify was Mr. Duwa Omar Jatta, Deputy Permanent
Secretary, Department of State for Works, Infrastructure and Construction.
Mr. Jatta stated that in 1996 he took a loan of D75, 000.00 for a landed
property at Siffoe from the government loan scheme and also a bank loan of
D10, 000.00 from Trust Bank in 2001. He said in 1994 he was Assistant
Commissioner, URD (Basse); that in 1995 he was moved to the President’s
Office; that in 1997 he was promoted to Permanent Secretary, Department of
State for Local Government and Lands; that in 1998 he was at the National
Assembly; that in 1999 he was moved to Youths and Sports; that in 2001 he
was moved to Education as Deputy Permanent Secretary (DPS).
Continuing his testimony, Mr. Jatta said he bought a lemon and mango
farmland at Siffoe; that he bought the farmland at D45, 000.00 in 1996.
Mr. Jatta acknowledged traveling officially three (3) times since 1997 to
date. He also admitted making savings from his Dakar and Cuba trips per
diems but said he used it on his personal affairs and no savings was made
from his London trip. He denied maintaining anybody outside The Gambia.
Mr. Jatta was given a piece of paper by state counsel, Mr. Emmanuel
Fagbenle to write his children’s names, school they attend and fees paid
per term, which he did.
Mr. Jatta said his Bakoteh property was acquired by his mother but could
not remember when; that he developed his own building on the same property
(Bakoteh) in 1992 and moved in the same year. Mr. Jatta said he bought a
property in Jambanjelly in 2000 at D60, 000.00 and spent about D10, 000.00
in fencing the property; that his Jambanjelly property was financed by his
brother, Mr. Ebrima Jatta whom he said was in the United States since the
70s. Mr. Jatta admitted having one Nissan Patrol Jeep valued at D120,
000.00 but the agreement between him (Jatta) and his friend (owner of the
car) was D50, 000.00 which he is paying monthly with no fixed amount and
he (Jatta) has now paid D30, 000.00. Mr. Jatta admitted having a salary
account at Trust Bank.
When shown a sketch plan of a property at Kololi by Mr. Fagbenle that he
(Jatta) owns, he replied in the negative that he does not own the
property. He also denied owning a property at Kotu and said he owns no
property at Albreda though he (Jatta) is from there. DPS Jatta said he
bought a Satellite Disk at D6, 000.00 and a generator at D12, 000.00 on
the 12th November 2004. He further denied having any account with the
Standard Chartered Bank.
 
Tuesday 30th November 2004 Sitting
TESTIMONY OF MUSTAPHA BABOUCARR WADDA
 
Testifying before the commission the former Speaker of The Gambia National
Assembly, Secretary General and currently serving at the Gambia Armed
Forces Council, Mr. Mustapha Baboucarr Wadda said from August 1994 to
January 1997 he was the Secretary General and Head of the Civil Service
and was earning D60, 000.00 per annum and D24, 000.00 as allowances; that
while in office he was the Chairman of the Scholarship Board and earned
D750.00 per month.
The former Speaker (Mr. Wadda) said that in 2000 he sold a Peugeot car,
which he bought in 1976, and that in 2002 he bought another vehicle at
D53, 000.00. Mr. Wadda added that by the time he was SG he was also
earning D50, 000.00 per annum as rent from his property. Mr. Wadda
revealed to the commission that he acquired a farmland in Kunkujang
Kumuneh in 2004. He denied buying any vehicle during his tenure as
Speaker; that during his term as SG he had only a current account with
Trust Bank; that his wife was also banking with the same bank (Trust Bank).
Mr. Wadda denied any cross banking system between him and the wife’s
account.
Continuing his testimony, the former Speaker and SG, Mr. Wadda
acknowledged traveling while he was in office and denied making any
savings from his per diems. He also denied owing anybody or institution.
Mr. Wadda further told the commission that while he was SG, he maintained
one of his child’s education in UK for two (2) years and he only made a
payment of 3, 000 Pounds for one year only; that after the 2nd year, there
was a mass deportation of Gambian students in England and she was among
those deported.
 
TESTIMONY OF OUMIE SANNEH BADJIE
 
The second witness to testify at the Paul Commission was Mrs. Oumie Sanneh
Badjie, Director of Finance at Banjul City Council (BCC). She said from
July 1994 to February 1996 she was Assistant Treasurer; that between
February 1996 to 1997 she was Acting Treasurer; that in 2003 the position
was changed to Director of Finance which she still maintain. Mrs. Badjie
said her salary level as Grade 10 is equivalent to D3, 000.00 when she was
Assistant Treasurer and Acting Treasurer; that as Treasurer she was
receiving Grade 11 (D4, 000.00) and that presently she is receiving Grade
12 (D5, 000.00) including all allowances.
Mrs. Badjie said she was a board member of the Gambia National Lottery
(GNL) and received D1, 000.00 per month. She denied having any share,
fixed deposit account or treasury bills. Mrs. Sanneh Badjie revealed to
the commission that in 1986 she benefited from a building loan of D60,
000.00 from BCC and completed the building in 1992 and also completed
servicing the debt in 2001. She said the building is in Tallinding
Kunkujang; that in 2002 she benefited from a loan of D20, 000.00 from the
BICI and completed payment in 2004. The BCC Finance boss admitted
traveling officially and made savings from her per diems. She said her
highest savings from per diems used to be D10, 000.00 and the least D1,
000.00. Mrs. Sanneh Badjie admitted receiving monies from her two (2)
daughters who are living in the UK and USA but could not ascertain how
much they used to send her; because it varies and that they started
sending her money since 1996. She denied maintaining anybody’s education
outside The Gambia. She further admitted buying a secondhand vehicle in
2000.
Continuing her testimony, the BCC Finance Director said that in June 2004,
she received D118, 000.00 from her daughter’s husband (son-in-law) for the
purchase of land; that in 2001 she was allocated a plot of land at Nema-Su
and that the land is not yet developed. Mrs. Badjie said that in 1999 she
started extending her Tallinding property and completed it in 2001; that
in 2000 she bought an old model Audi vehicle at D23, 000.00 and paid D11,
000.00 fro custom duties; that she bought the car from her savings account
at IBC.
The BCC Finance Director denied owning any property at Faji Kunda and
Latri Kunda, but acknowledged buying a property at Yuna in 1993. She
admitted traveling to Birmingham and Havana for studies. She also
explained that if a staff is using Council vehicle, he / she is not
entitled for transport allowance and fuel voucher, because the Council
will take the fuel responsibility; but that if one is not he / she is
entitled to transport allowance.
Mrs. Sanneh Badjie acknowledged she was aware of a taskforce committee set
up by the Council to maintain the welfare of the Albert Market, but was
not aware of anything related to the stopping of their work adding that if
it was Council’s decision to stop their work she would know. She further
clarified that she was aware of the postponed trip to Bissau and per diems
were paid, but that only the Mayor refunded his per diem back to the
Council coffers.
She also pointed out that they (Council) recently organized a meeting and
agreed as a management committee that all those who have not paid back
their per diems cancelled their November 2004 salaries back to the
Council’s coffers; that they have followed them for a long time. She also
admitted knowing the person who sold the compactors from one Mr. Mamar
Kodu Cham directly without passing through the Gambia Public Procurement
Authority (GPPA); that because Council agreed that it was an urgent need
and they (Council) cannot wait for the approval of the GPPA.
 
BATCH FAYE SENTENCED TO DEATH
Batch Samba Faye who is arraigned in court for murdering Malick Njok John
has been sentenced to death after the Banjul High Court presided over by
Justice M. A. Paul found him guilty of murdering the deceased.
Delivering his judgment before a crowded courtroom, the trial High Court
judge said Adama Cham (prosecution witness number six) said he conducted
medical examination on the accused after the brawl between the latter and
the deceased. He said Adama Cham who works at Bakau Health Centre has
testified before the court that the accused person’s mental status was
sound. The learned judge said during cross-examination by Lawyer Menne
(defense counsel) the witness denied Menne’s suggestion that the medical
report he prepared was concocted.
Justice Paul further stated that Dr. Duanda (PW 9) testified that he was
the one who conducted post mortem on the deceased. The trial judge said
Dr. Duanda testified that he found a broken piece of knife on the body of
the deceased. The learned trial judge said Dr. Duanda had also testified
that the injuries on the body of the deceased were caused by a blunt
object. Going further, the honourable judge said Dr. Duanda also told the
court that if the Gambian situation is anything to go by, it was not
possible for the deceased to survive after losing so much blood.
The trial judge said he has gone through the testimony of Souna Ngum
(defence witness number one). The judge said Souna had testified that she
is twenty-nine years old and knew the decease when she was five years old.
Justice Paul posited that Souna Ngum had told the court that she had
several problems with the deceased and he did threaten her on different
occasions. Justice Paul said Souna also told the court that the accused
person had exchanges with the deceased. Justice Paul pointed out that
Souna Ngum testified that the deceased hit the accused with a bottle on
the head, and when the accused ran to Papparazi, the deceased pursued him.
The trial judge said the first defence witness had also informed the court
that the accused tried to stab the deceased with an object, but the
accused defended himself and the object broke. The trial judge went
further to say that the first defence witness testified in court that
several people hit the deceased during his encounter with the accused. The
trial judge said the first defence witness also testified that she did not
like the deceased.
Justice Paul further pointed out that Souna Ngum also told the court that
she did not know which people hit the decease and the object they used to
hit him. The learned trial judge said when Souna Ngum was asked during
cross-examination by prosecutor Cherno Marenah why she never mentioned in
her statement to the police that she saw other people hitting the
deceased, he said some had answered she was asked by the police not to
mention other people’s names, instead she should confine herself to what
happened between the accused and the deceased.
The trial judge said the forth defence witness, Mustapha Samasa, testified
that the deceased had stabbed him when they met in Germany. He pointed out
that Samasa had told the court that he is not surprised that the deceased
died in the manner in which he did.
Going through the testimony of the accused, Justice Paul said that the
accused had testified in court that he had lived with the deceased for a
period of nine months in Denmark. Justice Paul said the accused had also
told the court that he had a series of problems with the deceased before
the 6th of December 2003. He said the deceased met him sitting with one
called Alersen in a restaurant near Waaw Night Club. He said the deceased
hit him on his shoulder and spat on Alersen’s face. The trial judge said
that in a separate incident the deceased met him sitting with his
colleagues and he (deceased) packed his vehicle near his (accused) car.
Justice Paul posited that the accused said he told his colleagues to go
with him to Jay’s Restaurant to avoid the deceased. The trial judge said
the accused told the court that the deceased confronted his brother (Kebba
Jallow) at Waaw Night Club. Justice Paul said the accused testified that
he told the deceased to leave his brother. The High Court judge said the
accused told the court that the deceased had told him that he was the one
he needed and that he insulted his mother. Justice Paul said that the
accused testified that the deceased did ask him to follow him (deceased)
and he did. Justice Paul pointed out that the accused said he later
stopped and asked the deceased to stop the confrontation, but the deceased
held his shirt and dragged outside the club.
Justice Paul said the accused testified that the deceased hit him on his
head with a bottle and when he ran, the deceased pursued him. The trial
judge said the accused testified that he later stopped and struck the
deceased with a kitchen knife. He pointed out that the accused had told
the court that he did not hit the deceased with a blunt object and that he
did not intend to kill him. The learned High Court judge said the accused
also testified that he did not inflict the injuries on the deceased
because he struck him only once and the deceased defended it. Justice Paul
said the accused had told the court that he did not know how the blade
came into the deceased’s body. He said the accused had told the court that
he was imprisoned in Denmark. Justice Paul posited that the accused had
testified that he did not know which part of the deceased’s body he
stabbed.
After going through the witnesses’ testimonies, the trial judge said the
questions that arose are whether the act of the accused caused the death
of the deceased, whether the accused acted lawfully in self-defense and
whether the accused acted with malice.
Justice Paul said it is strange that one of those who witnessed the brawl,
Aminatta Sanyang was neither called by the prosecution nor the defence to
give evidence. The trial judge said this has left the court with the
testimony of Souna Ngum and the accused whilst noting that it is also
strange that both the prosecution and the defence failed to call Kebba
Jallow to come and testify.
The trial judge said defence witness, Souna Ngum had told the court that
she did not recognize the other people who hit the deceased and the
objects they used to hit him. Justice Paul posited that the evidence of
Souna Ngum is unreliable and is not helpful. He pointed out that the
testimony of Souna is inconsistent with the statement she made to the
police.
The trial judge said Souna did not see anybody hitting the deceased, which
is why she never mentioned it to the police, whilst further pointing out
that she could not be believed when she said that the deceased fell down
and other people kicked him
Justice Paul said the testimony of the accused is inconsistent with what
she told the police. He pointed out that the evidence is unreliable and is
not helpful in this issue. He further stated that the accused testified
that he lived in a dangerous place (Manjai Kunda) and had a kitchen knife
with him to defend himself in the events of an attack by armed robbers who
robed his friend. Justice Paul said he wondered how the accused could
defend himself from armed robbers who used matchets and other weapons by
using a kitchen knife.
Justice Paul said Dr. Duanda testified that shock and hemorrhage caused
the death of the deceased. He said the accused was the only one involved
in the fatal battle with the deceased. He said absence of evidence to show
that the deceased was stabbed on the back could not stand. He stated that
the court could not rule out that the accused did not know many times he
stabbed the deceased.
Justice Paul posited that the accused person caused the death of the
accused. He said in self-defence the accused must show that he is not
ready to fight and is prepared to withdraw. According to Justice Paul, the
strategy of the defence was to show that the accused acted in self-
defence. However this was defeated by Souna Ngum’s testimony that the
deceased was hit by other people. He said the accused did not act in self-
defence and did not act lawfully. He said the accused did not act in self-
defence and did not act lawfully. He said the accused bore malice for the
deceased before the 6th of December 2003. The trial judge said the
accused’s story of the 6th December was a calculated act because he armed
himself with a knife. He said the court is faced with the premature death
of a young man caused by irrational act.
After pronouncing that the accused person is guilty of murder, he asked
the accused what he has to say. Menne asked the court to show mercy whilst
Chernor Marenah said he has left the discretion to the court.
“I have sentenced you to death. May God bless your soul,” he posited.
The verdict left of a lot of people crying, whilst eh accused comported
himself. He was whisked to Mile Two Central Prisons on board a pick-up
vehicle by prison wardens.
 
WHAT IS HOLDING THE GAMBIAN CONTIGENT IN DARFUR?
By Sarjo M. Camara
 
Reports reaching FOROYAA have indicated that the Protection Elements Team
that is to leave for Darfur has a funding problem and there is no proper
arrangement done as yet.
The PRO, Mr. Senghore, was asked to shed light on these allegations. He
indicated that these are mere rumours; that preparation for the 196
soldiers who are to leave for Darfur is at the final stage; that they are
about to complete their physical fitness training and other things, at the
Brikama Range. He further stated that they are waiting for the African
Union (AU) to send the aircraft that would carry the soldiers and their
equipment to Sudan’s troubled region.
He was also asked what other arrangements they had made for these soldiers
who are to leave such as their allowances. He said that as far as the
Gambia National Army (GNA) was concerned, the salaries of these men will
be running as it should; that they will be receiving their monthly
salaries; that their allowance is left to the AU who are to determine the
time of payment. He also said that all the units have their welfare fund
so that if they want any loan the leader of the contingent should apply on
behalf of them and approval will be granted for them to get their money. 
He said the team consists of majors and junior officers.
He was asked whether they get in touch with the observer group that has
left already and he replied in the positive.

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