Audit Commission's Justice King To Give Ruling Today




The Point </publishers.html?passed_name=The%20Point&passed_location=Banjul>
(Banjul)
December 20, 2000
Banjul
Chairman Justice Gelaga-King is expected to give a ruling today at the
commission of inquiry probing into the Auditor General's report, in relation to
overpayment of per diem allowances to the KMC chairman, Abdoulie Conteh,
amounting to Pounds 2,210 pounds sterling for eight trips he made abroad from
1994 to 1997.
On Monday, counsel representing Abdoulie Conteh, Amie Joof, made a submission in
response to state counsel AK Savage's previous submission urging the commission
to make an interim order that the KMC chairman should refund the amount of
Pounds2210 being excess of overpayment of per diem Lawyer Joof submitted that
the granting of that application will tantamount to an actual order, adding "the
granting of that interim order would be pre-emptive and ultra-vires of the terms
of reference of the commission."
Justice King, however, remarked that she should go and look at the commission's
terms of reference properly.
Lawyer Joof further added that an interim order can only be made in accordance
with the high court.
Justice King again replied "your submission is quite clear. I do not need a
lecture from any counsel as to what interim orders are. if you don't have
anything else to say then sit down."
Earlier in the day, lawyer Joof had applied for an adjournment to the 21st of
December pending the outcome of an application made to the high court.
The application was refused, although state counsel AK Savage had earlier on
remarked "in the interest of even handed justice I am not opposing the
application."
Testifying earlier, KMC chairman Abdoulie Conteh told the commission that before
February 1996 he was paid 130 pounds per diem, as was paid to the Mayor of
Banjul at the time. He said a letter from the ministry for local government and
lands, later reduced the rate from 130 pounds to 90 pounds, and he and the mayor
of Banjul felt it was unfair, as was the downgrade of their travelling status
from 1st class to economy. So, he said, they consulted with the then minister,
Yankuba Touray, who then instructed that they should now be travelling business
class, and the payment of per diem was later revise upwards.
He also told the commission that his last trip was in June 2000, and he was paid
130 pounds as per diem.
Justice King said "that is not part of our terms of reference" and he cautioned
lawyer Joof on the implications of that statement. Lawyer Joof was quick to
replied "I am not withdrawing that statement my lord."
KMC chairman Conteh also told the commission that the General Orders are not
applicable to him as chairman of the KMC, and also the staff of the KMC.
Asked "Why", the KMC Chairman Conteh replied "because I am not a public
servant."
Justice King said, "He is not a lawyer or an expert, it is not for the witness
to give us his opinion." Again KMC Conteh stated that his appointment as
chairman KMC was political, and does not go through the public service Act.
"The position I am occupying is elective, and I was appointed during the AFPRC
regime to the position of the chairmanship of KMC."
He also said "I never claimed any benefits as a civil servant. I don't pay
myself, nor sign vouchers or cheques, nor do I approve payments."
Lawyer Joof asked "in all your travels have you ever been overpaid per diem?"
The KMC chairman replied, "I have never been overpaid per diem."


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