Baba Jobe’s Trial

Part 5

Q: Mr Samba, let me ask you for instance, when GPA sends a board member or
any official to purchase a ferry and after all what needs to be done are
done, when there is a delay in handing over the ferry who is responsible?

A: I would not know

Q: Mr. Samba was shown the receipt from the payment of D2.5 million towards
the debt of YDE on the 11th December 2003 and asked: Why did you use it in
the name of Baba Jobe instead of YDE?

A: Since this case was before the court when we received the letter with the
cheque, we consulted the office of the Solicitor General for advice, it was
then that the DPP asked us to put it in the name of Baba Jobe.

Q: What did you not understand about the letter of counsel for Baba Jobe?

A: Like I said, the reason why we solicited advice from the office of the
Solicitor General is purely for legal advice.

Q: So it was then the DPP who asked you to put it in the name of Baba Jobe?

A: Yes.

Q: Would you agree that the cheque that Buba Baldeh, Buba Senghore and Baba
Kanteh came to collect was only a blank cheque?

A: Yes

Q: What reasons did they give?

A: They only said that there was no money in the account for the D2.2
Million.

Q: Was the cheque even delivered to the bank again?

A: No

Q: Mr. Samba was given the photocopy of another cheque and asked whether
that too had been retrieved from them?

A: Mr. Samba Said yes, but I do not remember those who collected it from his
office and had not requested for a letter to be written to that effect.

Q: Why?

A: Because it was cash that was paid to the effect.

Q: When was it?

A: I do not remember.

Q: Where you ever met by the First Accused Baba Jobe concerning the debt of
the YDE?

A: Never, we had several meetings with the MD Mr. Kanteh, Buba Baldeh and
other Board Members but not Baba Jobe.

Q: Have you ever been called by your MD, where you met Baba Jobe on this
debt of YDE?

A: No, the only time I met him in the office of the MD was the day when he
made the cash payment of D299,000. The MD called me to collect the amount.

Q: At this point Mr. Sillah gave the Witness the logsheet and asked why it
does not contain dates of receipt and delivery?

A: Mr. Samba agreed that the information sheet is limited and could not
include all those columns but that this is why they used the way book to
deliver.

Q: Further again Counsel Sillah gave the witness the way book and asked: Why
does it not include the delivered date and receipt?

A: Yes, they are not part of the columns?

Q: So would you agree that the way book is useless since it does not contain
necessary columns like date delivery and receipt?

A: Yes

Q: Shown both the log sheet book and the way book and shown changes in dates
of invoices and asked if he agrees that those are alterations?

A: Mr. Samba agreed.

Q: He was further shown dates of invoices in an inconsistent nature and
asked if those are inconsistencies.

A: Mr. Samba answered in the affirmative

Q: Mr. Samba in business terms when one is unable to pay for a debt, does
that amount to unwillingness?

A: Not at all

Q: What is the role of the board?

A: They are responsible for policy implementation at the level of the
authority.

Q: Are you aware that the board of the GPA has asked your lawyer to take
action and he did start by writing a letter?

A: Yes.

Q: Given a copy of the lawyer’s letter and asked to whom it is addressed?

A: YDE.

Q: Why did you not leave your lawyer to go by his business in the letter to
YDE to bring the matter to court after the expiry of the 7 days deadline?

A: I don’t know.

Q: Has Mr. Jobe ever visited your office for negotiation toward the
settlement of debts?

A: No

Q: Finally, Mr. Samba did you tell the court that after you sought advice
from the office of the Solicitor General, afterwards the DPP came up to say
put it in the name of Baba Jobe?

A: Yes.

Cross Examination by Mai Fatty

Q: Would you agree Mr. Samba that the only time you met Baba Kanteh he had
not told you that he was representing Baba Jobe?

A: Yes, he only said he is the MD of YDE.

Q: Are debts transferable to preceding the year?

A: No

Cross Examination by Edu Gomez

Q: Mr. Samba up to the time of this case what was the outstanding debt from
GPA to YDE?

A: D27.2 Million.

Q: And therefore as far as GPA is concerned it is a debt?

A: Yes.

Q: And before this case proposals were made towards the settlement of the
debt?

A: Yes.

During the discussions over what date to take for the next sitting the Trial
Judge Justice M.A. Paul had expressed his concern over how soon he would
like to complete the Criminal Case of Baba Jobe. Justice Paul indicated that
what he had been seeing around the court may have a psychological impact on
his mind. Case adjourned till 12, 13, & 14 January 2004.

_________________________________________________________________
Enjoy a special introductory offer for dial-up Internet access — limited
time only! http://join.msn.com/?page=dept/dialup

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
To Search in the Gambia-L archives, go to: http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l
To contact the List Management, please send an e-mail to:
[log in to unmask]

To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface
at: http://maelstrom.stjohns.edu/archives/gambia-l.html

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~