Charges Amended In GNPC Case

By Yankuba Jallow

Yesterday, Monday 24 October, 2016, witnessed the amendment of charges in the case involving Sira Wally Ndow and 8 others Sirra Wally Ndow Njiebefore Justice Ottaba of the special criminal division of the high court in Banjul. The Director of Public Prosecutions Bakhum, Counsel Abdoulie Colley and A Yaqub announced their representation for the state.

Lawyers Antouman Gaye, S. Tambedou and M.M. Njie announced their appearance for the 1st accused person, L.S. Camara for the 2nd, 3rd and the 5th defendants, Mrs. R.Y Mendy, D. Boye for the 4th accused person, Labouna farage for the 6th and the 9th accused persons, M. Taal, S. Tambedou for the 7th accused person and whilst L.S Camara for the 8th.

DPP Bakhum applied for the amended charges to be read to the accused and it was done accordingly.

Count one : Sira Wally Ndow Njai, Momodou O.S Badjie, Fafa Sanyang, Cherno Marena, Seedy Kanyi and Muntaga Momodou Sallah sometime in 2015 in Banjul and other diverse places while serving in your various capacities as public officers by wilful act or omission caused economic loss to the Government of The Gambia to the tune of seven million and sixty nine thousand , eight hundred and eight dollars ninety cents (US$7,069,88.90) an equivalent to three hundred and twenty nine million four hundred and fifty six thousand, four hundred and forty one dalasis (D329,456,441.00) by causing the government of The  Gambia to make payment to March Trading which acts is injurious, detrimental and damaging to the economy of The Gambia thereby committing an offence

Count two: Sira wally Ndow Njai, Momodou O.S Badjie, Fafa Sanyang, Cherno Marena, Muntaga Momodou Sallah, Momodou Faal and Louise Moses Mendy sometime in the same year and place while serving in your various capacities as public officers by wilful or omission cause economic loss to the Government of The Gambia to the tune of  three million, six hundred and ten thousand, six hundred and fifty six Dalasis (3,610,656.00) being monies expended for air tickets and per diem on due diligence mission to Dubai in the United Arab Emirates (the purpose for which was not fulfilled) and signing or causing a contract to be signed  with March Trading which act injurious, detrimental and damaging to the economy of The Gambia.

Count three: Sira wally Ndow Njai, Momodou O.S Badjie, Fafa Sanyang and Cherno Marena sometime in the same year and place while serving in your capacities as public officers conspired amongst yourselves to comit felony to wit: by wilful act or omission cause economic loss to the the Government of The Gambia.

Count four: Sira Wally Ndow Njai, Momodou O.S Badjie, Fafa Sanyang and Cherno Marena in the same year and place in your various capacities serving as public officers and whilst on due diligence mission to Dubai (U.A.E) on the competence and capacity of March Trading to supply fuel to the Government of The Gambia, wilfully neglected to execute such mission in accordance with the Gambia Public Procurement Act thereby commit an offence.

Count five: Sira Wally Ndow, Momodou O.S Badjie, Fafa Sanyang, Cherno Marena in the same year and place in your various capacities as public officers and whilst on a due diligence mission to  Dubai (U.A.E) on the competence and capacity of March Trading to supply fuel to the Republic of The Gambia, wilfully omitted to comply with the requirements of GPPA.

Count six: Momodou O.S Badjie in the same year and place while serving as the managing director of GNPC wilfully neglected to advertise the prequalification bidding process for the contract of supply of petroleum to the GNPC in accordance with GPPA.

Count seven: Mr. Badjie in the same year and place while serving as managing director of GNPC wilfully neglected to advertise the prequalification bidding process for the contract of supply of petroleum to the GNPC as required by the GPPA.

Count eight: Noah Touray in the same year and place while serving as secretary to cabinet in the office of the president, knowing that a file pertaining to the contract with GNPC and March Petroleum could be used in judicial proceedings against Sira Wally Ndow Njai as evidence in court wilfully removed and destroyed the said file.

Lawyer A.B Gaye counsel for the 1st accused stood up and requested the court to give them 48 hours to go through the amendment as they were given the said amended charges document in court and they are appearing in the said case for the first time. DPP argued that, that cannot be an excuse as the counsel who was representing the first accused should have provided them with all the information about the case or at least brief them. Justice Ottaba on hearing the argument from the State counsel gave the counsel for the accused 48 hours to read the said documents and he adjourned the case till 27 October 2016 for continuation of hearing.

DPP applied for the court to revoke the bail for all the accused persons as it was given to them by the Magistrates’ court while there are new charges before the court. Justice Ottaba refused the application and ruled that the bail shall still continue.