Folks, please note that these are all seperate issues.  I had to send them
in piecemeal for the L to accept.  Thanks for your understanding.  Please
see the issue below.


ISSUE NUMBER 6/2004, 19-21 December 2004

Editorial

Zero Tolerance For Impunity

No To The Lawlessness Of The Individual Or The Government

No person on earth wants to be subjected to injustice even though some do
not have any qualms in perpetrating injustice against others once it serves
their individual interest. We have always emphasized that a government which
has no regard for laws designed to protect personal liberties becomes
tyrannical and totalitarian regardless of whether it is elected or not. In
the same vein, individuals who kill, burn, rape and torture others without
any regard for their personal liberties become common criminals who deserve
to be seen as the scum of society. The Gambia is moving towards the
lawlessness of government and the individuals. This is the wrong way to go.
Those who keep quiet and fiddle their thumbs while impunity reigns are part
of the problem and would have themselves to blame if the law of the jungle
gains the upper hand in this country. We the sovereign people of the Gambia
have the authority to determine what happens in this country. Injustice
anywhere must be the concern of the just everywhere. We should speak loudly
and clearly that to detain a person for more than 72 hours without taking
him or her before a court for a decision on his status is wrong.

We must equally say that to write letters to fellow Gambians and issue
threats to take their lives such as the one issued to the Independent
Newspaper is repugnant and outrageous. Anybody can take the law into his/her
own hands in secret. Anybody who is afraid to do anything in the open cannot
be seen to be powerful. Such a person must be seen to be desperate. Only a
desperate person can issue threats to journalists when one has every right
to use the press to defend their views. The press must be seen as a tool to
settle scores in a democratic society. In fact those who issue threats on
behalf of any political figure must be seen to be undermining the interest
of such leaders by making them accomplices of those who are potential
murderers.

How can one help the case or integrity of a detained person by committing
murder on his/her behalf?

It is such thoughtless and desperate actions which had plunged Sierra Leone
into the state it is today. Instead of doing good to others as one wishes
them to do on to you, people do the bad that they do not wish to be done on
to them. Ultimately the culture of revenge prevailed. Hands were paid for
hands, heads for heads, eyes for eyes, and legs for legs. Today, many
amputees are roaming the car parks and public areas to beg for a day’s meal.
They belong to different religions, tribes and regions of Sierra Leone but
are united by one common identity, that they are all victims of a senseless
civil strife. The wrong measures were utilized to fight a cause of ending
social injustice, poverty and marginalization. Consequently, the problems
increased instead of being solved.

What Gambians want is for the government to respect the law and take Baba
Jobe before the courts for any charges and leave the courts to display
independence and impartiality in trying the case. Secondly, they want all
Gambians to respect the lives and liberties of others and stop issuing
threats.

Those who kill and maim on behalf of their political leaders are simply
making them the best candidates for war crimes tribunals and truth and
reconciliation commissions. Foroyaa has zero tolerance for such people. We
hope no decent human being will tolerate them. We hope all decent Gambian
political leaders would denounce them, no matter whether their masters are
in government or outside government.

Baba Jobe’s Trial

Baba Jobe is actually responsible for running YDE -

Buba Baldeh

In our last issue we have dealt with the evidence-in-chief of the Acting
Director General of customs and exercise, Momodou Kaba Tambajang. Now we
shall start with his cross-examination by counsels Momodou Lamin Jobarteh
and Momodou Lamin Camara.

Cross Examination Of Momodou Kaba Tambajang By M.L Jobarteh

Q: Is it correct that you have a wealth of experience in the execution of
duties of a customs officer?
A: Yes.

Q: Is it correct that as a matter of fact before the goods can be delivered
to an importer a formal application must have to be made in a written
application to the director general?
A: Yes.

Q: Is it therefore correct that when such an application is made, the DG
must liaise with the task force?
A: Yes.

Q: Is it also correct that the task force officer then has to inform the DG
of any outstanding tax due for such importers?
A: Yes.

Q: Is it also correct that without such information the DG will not be able
to give approval?
A: Yes.

Q: Is it also correct that without the advice of the task force or desk
officer, the DG will not be able to give approval?
A: Yes, but in event that the applicant bypasses the task force officer and
directs such an application to the DG.

Q: How do you reconcile an application written to the task force who has no
powers to give approval?
A: I would accept that under normal circumstances applications should be
sent to the DG.

Q: Is it correct that there must have to be reconciliation by the customs
department before approval is given?

A: Yes.

Q: Now when you took over in September 2003, did you find any tax
outstanding liabilities in respect of YDE?
A: Yes. Like I said here yesterday that during my handing over from my
predecessor, documents were signed and handed over to me in respect of YDE,
in which none of those documents had a manifest nor bill of lading and as a
result we have to go ahead and assess and evaluate YDE on them and
communicate to them.

Q: Mr. Jobarteh then put it to the witness that prior to his coming, none of
those documents were evaluated?
A: Witness remained silent.

He was given a copy of Exhibit Y and asked to read the address.

A: The witness said President’s Office Marina Parade, Banjul 24th February
2001.

Q: Is that the YDE?
A: No.

Q: What s the letter in respect of?
A: Tractors and carpets?
Q: Does YDE deal in tractors and carpets?
A: Not to my knowledge.

Q: Shown exhibit Y7 and asked to read the two addresses on that letter

A: Youth Development Service and C/o TK Motors, Kanifing.

Q: Is it approved?

A: Yes.

Q: What do you make out of two the two addresses?

"Justice Paul said that is matter for the address.

Q: He was given exhibit Y5 and Y6 to read the addresses on the two
documents.

A: The witness said YDE Ltd.

Q: Do you know that from that document you have read, you were dealing with
a company?
A: Yes.

Q: Mr. Tambajang, from the documents you inherited from your predecessor and
during your own tenure as DG, did you come out with any outstanding
liabilities in terms of tax in respect of the two accused persons, Baba Jobe
and Baba Kanteh?
A: My department does not have any liabilities for any one person.

Q: Do you have a file in your office dealing with all relevant
correspondence from YDE?
A: I inherited some documents prior to my take over but for myself, I did
not have any correspondence from YDE.

Q: Did you inherit any duty waivers in respect of YDE?
A: No I did not see any.

Q: Do you know that YDE has tonnes of duty waivers?

A: Not to my knowledge.

Q: At this stage Mr. Tambajang was given two copies of letters and asked
what are those documents?
A: They are duty waivers.

Mr. Jobarteh applied to tender them. The DPP rose to object.

Justice Paul overruled the objection of the DPP and admitted in evidence but
the two letters from the state department of finance and economic affairs as
Defence Exhibits O and P. They are in respect of 18,000 tonnes of Paddy rice
to be imported by YDE from Brazil, 50 containers of cooking oil from Holland
and 5000 tonnes of sugar also from Brazil.

Shown exhibit O and asked to read it dated 13th November 2002 18000 tonnes
of rice, 5000 tonnes of sugar from Brazil on behalf of the YDE written by
P.S Finance and Economic Affairs.

Q: Is it correct that your inspector did not cover that duty waiver since
you have said that you did not see any duty waiver in respect of YDE and is
it also correct that if you have been supplied with these duty waivers the
tax liability claimed to have been owed to YDE would not have been D73
million or there would not have been any duty at all?

A: The witness said no to both but that there would be some internal duties
paid.

At this stage the DPP rose up to say that the witness had confused the two
questions. General laughter.

Mr. Jobarteh further asked the witness to read exhibit P, 50 containers of
cooking oil. The witness read as follows: dated 15th November 2002 from P.S
Finance and Economic Affairs as duty waiver for the import of 15 containers
of cooking oil by YDE.

Q: Now Mr. Tambajang again asked, if you have been supplied with these duty
waivers the tax liability you are now claiming against YDE would have
drastically been reduced or there would not have been any duty at all?
A: Yes. Shown a catalogue of single entry forms and asked to read out the
name of the importer

A: "Banjul Youth Wing." The next page was by YDE for 65,000 tonnes of rice.
Further asked to go through the entire catalogue and tell the court all the
transactions that are not imported by YDE?

A: All 12 custom single entry forms do not bear the name of YDE.

Out of the 22

1. Global Trading 60,000 bags of rice

2. Global Trading 20,000

3. Baba Jobe 29

At this stage the witness was given exhibit Y2 and asked if the two
signatures are the same?

A: Tambajang said no.

Q: Are you familiar with Baba Jobe?

A: No.

Q: I put it to you that many people put their goods in care of YDE, read
page 57?
A: Baba Jobe care of YDE for 12 bags of rice. The witness added that this
was a container that was shipped for 12 bags of rice 4 rolls of carpet, 12
used wheelbarrows, 30 cartons of floor tiles, 6 cans of paint, 2 television
sets, 2 old generators, 1 new generator, 2 videos.

Q: So that is from page 57 to 61?

A: Yes.

Q: Can you say which of those documents bear the signature of any of the
agents of Baba Jobe?
A: They are not signed for.

Q: Then are they authentic?
A: I cannot say.

Q: Could you remember saying that YDE only deals with rice, sugar, soap and
cooking oil?
A: Yes.

Given exhibit U and asked who is the consignee or importer?

A: None.

Q: Asked to look at page 66 and say who is the consignee?

A: Kairaba Hotel for 66 units of air conditioners.

Q: Is it correct that after goods arrived at the port a certificate of
examination will be issued?

A: Yes.

Q: So is it only then that the assessment or evaluation is being done?
A: Yes.

Q: Is it therefore correct that it is after the issuing of the examination
certificate that the amount of goods to be delivered can be determined?
A: Yes.

Q: Is it correct that you have not found any examination certificate either
in your office nor in court?
A: Yes. In that I am not saying that there is no examination certificate for
YDE but I have not yet seen them.

Q: I put it to you that there have never been any examinations by your
department?

A: They are there.

Q: Mr. Tambajang is it correct that where imports are entered, they are
normally entered in a quire book sent to the ports for examination?

A: Not in all cases of direct delivery in some instance when the DG approves
the application the importer or consignee is given the letter of approval to
forward it to the customs officer at the Banjul seaport for the goods can be
delivered to him.

Q: Mr. Tambajang, but in any way is it true that before goods can be
delivered there must have to be an inspection or examination of the goods by
your officers first?

A: Not in all cases, it can only be done on containerized goods.

Q: Do you need some invoices exhibited through you here on containerized
goods?

A: Yes.

Q: So in essence, would you agree that all containerized goods have to be
examined and certificated before delivery? And secondly those delivery notes
together with manifest numbers are then entered into a way book or quire
book by your department?
A: Any way my lord all that I know is that when examination or inspection of
goods are carried out and evaluation and payments are made then goods are
delivered to consignees and since it is not possible to make available quire
books to every officer on duty they later supply the computer room with
whatever information necessary. Mr. Kebba Tambajang finally told the court
that "here again let me make it clear as before I was not in office when all
these things were happening. Like I said I inherited these documents from
Mr. Mboge then I later assigned Malamin Sanyang to assess and evaluate and
inform YDE as to that what is due to them in those documents.

Mr. Jobarteh then at this stage applied for an adjournment and an order for
the office of the Director General of Customs and Exercise to bring to the
court all copies of inspection certificates and quire books containing
information relating to the case in the interest of justice to enable him
carry out correct cross examination. The DPP in response told the court that
for the application for adjournment that is a matter for the court but for
the defence to demand for such documents, he submitted that the witness had
never said any thing on them in his evidence-in-chief. That the issue came
out during cross-examination and that the witness never emphatically
accepted.

In a short reply to the DPP Counsel Jobarteh said that the witness had
accepted by responding yes to the question. That all consignments are
inspected and examined with certificates and that some of these are then
entered into a quire book. Lawyer Jobarteh finally submitted that what the
DPP fails to understand is that the court is not dealing with Kaba in person
but in his capacity as DG of customs. The trial judge overruled the
application on the grounds that the witness had not said any thing in his
evidence on the said document. He adjourned the case to 14th January 2004
for continuation of the cross examination by M.L Camara.

Cross Examination of Customs DG BY Lawyer M.L Camara

Mr. M.L Camara smiled to the witness and asked, Mr. Tambajang, does the
customs single entry administration form carry columns such as the name of
the importer, cargo, registration, its date of arrival, signature of agent
(clearing), date received so on?
A: They are not necessarily a requirement.

Q: Are signatures required?
A: Not in all cases.

Q: Not even the names of the importer or consignee?
A: My lord here I think I have to repeat this as I said here yesterday. That
when the goods of a consignee or an importer to take from the custom a copy
of the customs single entry administration form, fill it, attach the bill of
lading to it to submit and send it to the computer room who would attach a
manifest to the customs officers at the seaport for inspection and
assessment then it is sent back to the computer room for evaluation and when
the importer pays, the goods are then discharged or delivered.

Q: Mr. Tambajang but do you agree that the bill of lading is document or
title to the goods?

A: Yes.

Q: Is it possible for a consignee to have one name on the customs’ entry
form and another name on the manifest?
A: We deal with the name on the entry form.

Q: How many entry forms are there in Exhibit U that are signed by YDE agent?
A: None except 12.

Q: How many entry forms are there in all 66 and how many are signed by YDE
agents?
A: 44 my lord. Here let me tell the court that if you see we charge YDE for
global international goods and any other is because they have a link. When I
left here yesterday I had to take upon myself to investigate and I found out
that they are having a link.

Q: Do you know who signed all that in the name of YDE?
A: No. Like I said here yesterday that by the time all these had happened;
that it was after I came back at my handing over, my predecessor handed
these documents. That after I realise that a lot have not been signed and
without manifest I sent them to Mr. Malamin Sanyang a principal collector to
assess and evaluate them. Which I said had been done and YDE have been
notified accordingly through Buba Baldeh and Buba Senghore. Mr. Tambajang
further added that it was myself when I took over in September 2003 that I
insisted that YDE must provide customs with the names of their agents who
will work with us. Then that we were given the names of Buba Baldeh and Buba
Senghore.

Q: Mr. Tambajang may I put to you that none of the signatures on those entry
forms are for agents of YDE?
A: I cannot tell.

Q: Mr. Tambajang is it possible that by looking at the manifest one can know
or say how many goods are received by a particular agent for that manifest?

A: It is only the GPA staff and customs officers at the seaport who can say
how much goods are delivered for a particular manifest since those are the
people on the ground.

Q: How is that determined?
A: BY carrying out an inspection of the cargo or container.

Q: Mr. Tambajang correct me if I am wrong, that you were in a negotiation
with YDE before the beginning of this trial?
A: Yes.

Q: Mr. Tambajang I put it to you that you could not negotiate with YDE
simply because of lack of proper reconciliation?
A: How do we reconcile when they were not prepared to submit their manifest?
Q: Did you lodge any complains to the police against the accused.?

A: I for one had not. I only informed my state department which is the
department of state for finance and economic affairs.

Q: What about on behalf of customs?
A: Not at all.

Q: And did you lodge any criminal complain against the co-accused at any
time to the police?
A: No.

The cross examination ended. The state called in a fresh witness Buba Baldeh
a former minister during the PPP regime and first national mobilizer and
later deputy national mobilizer of the APRC party and also managing director
of Observer Company Ltd. Mr. Baldeh had also been the secretary to the board
of directors of the third co-accused YDE since 14th August 2003.

Evidence-in Chief Of Buba M. Baldeh

The DPP asked the witness as thus.

Q: Can you tell this honourable court your name?
A: Bubacarr M. Baldeh.

Q: Address?
A: I live at Manjai Kunda, KMC.

Q: What work do you do?

A: I am currently a business consultant and since July of 2003, I was the
secretary to the board of the YDE.

Q: Who appointed you?
A: The chairman and chief executive of YDE.

Q: Who is that chairman and chief executive?
A: Hon. Baba K. Jobe.

Q: Is he in court?
A: Yes.

Q: Points at Baba Jobe in the dock.

Q: Can you remember when you started to work as secretary to the board?
A: Actually I was given my letter of appointment in July of 2003 and
confirmed at a meeting of the board of directors on 14th August 2003.

Q: Do you have a copy of the resolution of the board meeting that appointed
you?
A: No. But I have with me here the minutes of the board, which was conducted
on the 14th of August 2003 that confirmed my appointment. The DPP looked at
it and applied to tender it. There was no objection. It was admitted and
marked exhibit C

Q: Before the meeting of 14th August 2003, did you take part in any other
meeting?
A: Yes, I can recall there was a meeting prior to the meeting of 14th/8/03
in which the distribution of shares were discussed that gave Mr. Momodou
Sula Jobe 90%, Buba Senghore 5%, Lamin Kuru Kongira 2.5% and Amidou Baldeh
2.5%.

Q: Did you inform the office of the registrar of companies?
A: Yes. A copy of the shares was tendered with no objection-marked exhibit
AA1.

Q: What next do you have as relevant document in that file?
A: I have the memorandum and the act on the constitution of YDE Ltd. It was
tendered without any objection. It was admitted and marked exhibit AA2.

Q: Do you know if YDE Ltd. is in existence?
A: Yes.

Q: Do you have the certificate of registration?
A: No.

Q: Have you ever seen it?
A: No.

Q: Are you sure if it is not in your office?
A: It may be there but I have never seen it.

Q: As the secretary of the board do you have such documents with you?
A: No.

Q: Do you know that other than the YDE that used to exist before, there is
now YDE Company Ltd? Shown the copy of the memorandum and articles of YDE
Ltd. It was tendered without objection. It was marked Exhibit AA4.

Q: Since you informed the office of the registrar of companies of the change
in the shares, were you able to find the documents on the change in name of
the company from YDE Ltd. to YDE Company Ltd.?
A: No.

Q: Do you know about the reasons for the change of name of company from YDE
Ltd. to YDE Company Ltd.?

A: No I do not know about YDE Company Ltd. All that I know is YDE Ltd. since
July 2003.

Q: When was the meeting for the change of the shares structured?
A: On 31st July 2003, the registrar of companies was informed on 11 August
2003 and we got registered on the 12th August 2003.

Q: Who decided which shares goes to who?
A: The chairman and chief executive Hon. Baba K. Jobe.

Q: Do you know Momodou Sula Jobe?
A: Yes.

Q: What is his family relation with the rest of the shareholders?
A: He has no such relations with any of them.

Q: What about with Baba Jobe?
A: Well I know they are of the same village but whether they are the same
family or not I cannot tell.

Q: Do you have an office at the YDE headquarters?
A: At the Money Shop on Kairaba Avenue.

Q: Do you know if any other officer has office there?
A: Yes, the acting managing director has an office there.

Q: Since you became secretary to the board did you know that there was a
problem between YDE and GPA?
A: Yes I know there is the problem of outstanding customs duties and GPA
dues.

Q: How do you come to know that?
A: Through the chairman and chief executive at a board meeting during which
he said that there is the problem of customs duties and arrears and GPA
handling charges between the two institutions and YDE; that he would love to
have two members of the board to liaise with the department of customs and
GPA to reconcile and to find out what the actual outstanding amount was. It
was decided that Buba Senghore and myself take it up as our assignment. We
then went to the GPA on several occasions where we met with the managing
director Adama Deen in his office. We also met many times with the financial
director Aziz Samba. We went with the MD Mr. Baba Kanteh who was introduced
to them, Deen and Samba. On that day Mr. Kanteh proposed that YDE will be
making D100,000 payment every month and Mr. Samba said it is not GPA
procedure but let us put it in to writing, which MD later did.

At the customs, when we went to the Director General he assigned us to one
Mr. Malamin Sanyang to reconcile. After our meeting with him he told us that
the liability for the YDE as at that date was D65 million and that if we do
not agree to that then we can later bring our invoices for a proper
reconciliation. Then I later felt sick and do not know what later happened.

Q: Did you later submit those invoices?
A: As I said, I later got sick so I would not know what happened.

Q: Who was the managing director before Mr. Kanteh?
A: Mr. Alasana SG Jammeh, now the secretary general Gambia Red Cross
Society.

Q: Do you know who is actually responsible for the operation of the YDE?

A: The chairman and chief executive Hon. Baba K. Jobe.

Q: Do you know Kuru Kongira?
A: Yes.

Q: Who is he?
A: He is one of the shareholders of YDE and managing director of Millennium
Airlines.

Q: Are you familiar with Kuru’s handwriting?
A: No.

Q: What of that of Baba Jobe?
A: Yes.

Q: If you see his signature will you be able to identify?
A: Yes.

The witness was shown the applications for direct delivery written at the
office of the president and at TK Motors bearing Baba Jobe’s signature and
asked if he recognize the signature as that of Baba Jobe’s?
A: They are not at all.

Q: When you went to reconcile with the GPA authorities and customs, were you
given documents from YDE office?
A: No.

At this stage the DPP asked for exhibit O and P, the two duty waivers from
finance to customs and copied to YDE for 18000 tones of rice, 5000 tonnes of
sugar and 50 containers of cooking oil and asked if he had ever known of
them?

A: Not ever shown to me.

Q: Do you know how much money YDE has in the bank?
A: No.

Q: Have you ever attended any meeting where the financial status of YDE is
discussed?
A: No.

Q: Do you have any of the records of audited accounts of YDE?
A: No.

Q: Does the chairman and chief executive have shares?
A: No.

Q: Do you know why he refused to take up shares?
A: I do not know.

End of evidence-in-chief of Buba Baldeh followed by cross-examination by Mai
Fatty and Edu Gomez on Buba Baldeh.

Cross Examination Of Buba M. Baldeh By Mai Fatty

In his cross-examination of Buba M. Baldeh, Lawyer Mai Fatty began his
intervention as thus;

Q: Mr. Baldeh, is it not correct that you do not know much about company
law?
A: I know very well.

Q: Is it correct that as a layman in law you would not know the difference
between YDE Ltd. and YDE Company Ltd.?

A: Yes.

Q: Is it correct that as a secretary to the board of directors, you are
answerable to the board?
A: Yes.

Q: Is it correct that you normally take instructions from the board?
A: Yes. Every time there is a board meeting when decisions are taken,
assignments are based on those decisions.

Q: Mr. Baldeh, have a look at exhibit AA2, is it correct that when you were
filing exhibit AA2, you were merely filing the share structure of the
company but not incorporating a new company?
A: That is correct. I was merely dealing with the shares structure under YDE
Ltd.

Q: Shown exhibit AA1 and asked that as a secretary of the board your duty
during meetings is to only record the most important points?
A: Yes that is correct.

Q: Then asked to read the minutes (AA1) of the meeting of the board of 14th
August 2003 and show out the portion where the chairman and CEO mentioned
the nature of distribution of shares?
A: That is part of the records.

Q: You told this court that as the secretary to the board you do not have
any records concerning the operations of the company but can it be correct
that other top officers of the company can have them?
A: Yes it is possible.

Q: Is it correct that since you were carrying out your own consultancy you
had an office?
A: Yes.

Q: Is it correct that you did not ask for an office at YDE?
A: Yes it is correct.

Q: When you say that Mr. Samba, the financial director had told you that the
payments due for YDE were badly needed, did he put that in writing?
A: No not at all.

Q: Did any other thing transpire when you visited the GPA that you have not
told the court?
A: We had also asked the financial director not to take the cheque we gave
him to the bank as there was no money.

Q: Shown exhibit H which was the cheque in question for D2.6 million and
asked if that is the cheque?
A: Mr. Baldeh answered in the affirmative.

Q: Were you on any day notified to pay or the cheque was going to be taken
to the bank?
A: Not at all.

Q: Mr. Baldeh, how would you judge the action of the GPA authorities, good
faith or bad faith?
A: Any way, I would not use the word bad faith but any way I was surprised
with the action of the financial director. Since before our departure we had
already agreed in principle.

Q: Did you say that the first time you came to know that YDE was owing
customs duties amounting to D65 million was by Malamin Sanyang?
A: Yes.

Q: Is it correct that you had told the court that the first time you visited
the customs DG in his office and had a meeting with him and some senior
officials that by then you never knew how much YDE was owing customs?

A: Yes.

Q: Is it correct that on that particular meeting you had informed the
customs authorities that YDE had some duty waivers?

A: Any way, that is correct. It is Buba Senghore who had told them about YDE
having duty waivers.

Q: Can you tell this court the reason why the former MD Alasana Jammeh was
removed from office?
A: No.

Q: Mr. Baldeh, is it correct to say that the fact that you did not go with
any documents during your reconciliation trips to the GPA and customs does
not mean that there were no records to be found at YDE?
A: My lord, even those invoices and manifest YDE was using were given to us
during the reconciliation trips to the GPA. They were tendered over to us at
the office of the financial director. If I am not mistaken, my lord they
were brought by the credit manager one Mr. Bojang.

Q: I put it to you that had the GPA provided YDE with the invoices on time
YDE would have settled the payments or negotiate the conditions of payment?

A: I cannot say.

Cross Examination of Buba Baldeh By Edu Gomez

Q: Is it correct that YDE was denied the chance of negotiation by the GPA
and customs but not that they were not willing to pay?
A: Yes that is correct.

Q: Is it correct that to the best of your knowledge that YDE had earlier
gone into similar negotiations with the income tax and the agreements were
being well exercised by YDE?
A: Yes, very correct.

Q: When the GPA rejected YDE’s proposal, did they take any proposal?
A: No, all that I know is that after YDE’s proposal when Mr. Samba asked the
acting director to put it into writing, it was done. The GPA then wrote to
the MD threatening that if you do not pay by the 31st of October 2003, legal
action will be taken against you.


Re-Examination By DPP

Q: How much income tax liability was the YDE owing?

A: D1.5 million.

Q: What was the term of payment?
A: D250,000 per month.

Q: How fair do you compare that to that of GPA?
A: I think it was just because that of income tax was payable yearly.

See next issue for further reports on the trial.

Waa Juwara’s Sedition Trial

After the turbulence that shook the trial of the Secretary General of the
National Democratic Action Movement (NDAM), Lamin Waa Juwara, the court
resumed taking the evidence of witnesses on Tuesday, 13th January 2004.

The principal prosecution witness, Lamin Njie of The Independent Newspaper
did not appear in court. In fact, the prosecutor, DPP Akimoyae Agim applied
to the court to expunge the evidence of this witness and this was accepted
and done.

On that day the prosecution called another witness, Sergeant 802 Abdou Karim
Saho. According to the witness, on 30th September 2003, there was chaos in
town, with people running about closing their shops. "Later, Lamin Waa
Juwara arrived with some plain clothes officers. I don’t know them but if I
see them I will recognise them. Later, Lamin Waa Juwara was shown a copy of
the Independent Newspaper dated 29th September 2003 by the officer
commanding CID, Mr. Juwara confirmed to the officer commander that he
granted the interview, ‘Let’s take to the streets’ on pages 1 and 2 of the
newspaper. According to Mr. Juwara, those words coming on the newspaper are
his own words. He said he granted the interview to Lamin Njie at his
residence in Brikama.

A copy of The Independent Newspaper was tendered through this witness. It
was admitted and marked exhibit A.

The witness told the court that Waa Juwara wrote his cautionary statement
after he (the witness) had cautioned him. Upon application the cautionary
statement was admitted and marked exhibit B. He further told the court that
Lamin Njie and Pa Malick Secka wrote statements which were tendered,
admitted and marked exhibit C and D.

At first he told the court that be believed that Waa Juwara’s interview with
The Independent caused an alleged chaos. But he later said he did not know
what caused the chaos.

According to the witness, "When I read the newspaper, I remembered the April
10 and 11, 2000 student demonstration when so many people lost their lives.
I feared the same thing could have happened." He said that he knowsWaa
Juwara as a politician, leader of NDAM, former UDP propaganda secretary and
a prominent figure who had served as commissioner in all divisions in the
Gambia.

Cross Examination

Counsel for Waa Juwara, Mr. Borry Touray cross-examined the witness. Under
cross-examination the witness said he doesn’t know whether Waa Juwara was a
gentleman but admitted that he could be a responsible citizen. He also told
the court that he doesn’t know whether Waa Juwara is a law-abiding citizen
but conceded that prior to the interview, he did not know him of any
criminal activity.

Cross examination continued as follows:

Borry Touray: You mentioned public disturbances. Can you tell the court the
dates of those disturbances?

Sergeant Saho: That was 29th and 30th of September 2003.

Borry Touay: Mr. Saho, I’m putting it to you that the public chaos took
place on the 25th of September 2003?

Sergeant Saho: It could be.

Borry Touray: It is correct that the Gambia Police Force issued a press
release relating the chaos to rumours and not to any single interview?
Sergeant Saho: I was not listening to radio at that time.

All those inside the court burst into laughter. The witness was not
comfortable at this time.

Borry Touray: Are you afraid of my questions?
The witness kept mute and the judge asked Touray to ask another question.

Borry Touray: Other than what you have in your office, you never went out to
investigate anything?
Sergeant Saho: I went out to investigate during the chaos.

Counsel Touray asked the witness to read a specific portion of the newspaper
dealing with April 10 and 11.

Borry Touray: I am putting it to you that you never heard Mr. Juwara say he
uttered those words in The Independent Newspaper?
Sergeant Saho: He said so in my presence.

Borry Touay: Can you read the last sentence of the interview?
The witness did as he was told.

Borry Touray: It is correct that Mr. Juwara will remain a law abiding
citizen until the presidential elections in 2006 when he hopes to root out
the APRC government out of power?

Sergeant Saho: Well I cannot say anything on that.

_________________________________________________________________
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