Prince and Joe
What Malik Njai encountered in the Babagate Trial is
not a NOVELTY! In all jurisdictions that practice the
Common law, the credibility of a witness is always put
to the TEST by rigorous cross-examination.
I do understand that it is the Mighty Baba Jobe that
is on trial. Nevertheless, the lawyers acting on his
behalf will be doing a BAD job if they do not maintain
their stance in the way they CROSS-EXAMINE the
prosecution witnesses.
With regard to our legal system, there is a lot to
write after reading the case of the prosecution, but I
shall refrain from doing us until this TRIAL is
completed.
Many thanks
Sanusi
--- Joe Sambou <[log in to unmask]> wrote: > Prince,
good observation and the answer is
> competency. Our legal system is
> a joke and I hope the Bar Association begin to stand
> up to these criminal
> judges. Where can these guys be judges except
> Gambia? Just pathetic.
>
> Chi Jaama
>
> Joe Sambou
>
>
> >From: Prince Obrien-Coker
> <[log in to unmask]>
> >Reply-To: The Gambia and related-issues mailing
> list
> ><[log in to unmask]>
> >To: [log in to unmask]
> >Subject: Re: BABA JOBE'S TRIAL - Part 9
> >Date: Sat, 7 Feb 2004 00:23:47 +0100
> >
> >Joe,
> >Reading this cross-examinations, one has the
> feeling that Malick Njai was
> >on
> >trial. Although I am not as wise as these lawyer
> guys, but I simply cannot
> >understand why the PP (and the Judge) allowed
> Malick Njai to be treated as
> >if he were "in the dock". Baba Jobe is the culprit
> here. Baba Jobe is the
> >one who imported goods and tried to use his
> political standing to bypass
> >all
> >legal procedures. Baba Jobe is the "Sachakat" in
> court. Why should the
> >court
> >spend so much time on the integrity of a witness
> who is testifying against
> >such a criminal?
> >There is something definitely rotten in the state
> of the Gambia.
> >
> >Prince
> >
> >----- Original Message -----
> >From: "Joe Sambou" <[log in to unmask]>
> >To: <[log in to unmask]>
> >Sent: Friday, February 06, 2004 11:16 PM
> >Subject: BABA JOBE'S TRIAL - Part 9
> >
> >
> >BABA JOBE'S TRIAL
> >
> >Part 9
> >
> >In the last issue we ended with the
> examination-in-chief of Mr Mboge, the
> >former Director General of Customs. We now proceed
> with his
> >cross-examination by Mr Jobarteh.
> >
> >Cross-Examination of Mr. Mboge By Mr Jobarteh
> >
> >Q: Did any of your staff complain about such an
> irregular way of taking out
> >goods?
> >A: Yes, the principal collector at Banjul seaport
> complained on several
> >occasions that even in the night sometimes he will
> be called at home that
> >YDE was off loading a cargo.
> >
> >Q: Was this normal for other importers?
> >A: No.
> >
> >Q: Why?
> >A: I do not know.
> >
> >Q: Do you know why your officers were not
> preventing that irregularity in
> >collecting goods?
> >A: I have said here that the principal collector
> has on several occasions
> >complained that they encounter a lot of problems
> with most of the
> >importation of YDE. That they would start
> collecting goods without the
> >knowledge of customs and each time I call Baba to
> make available to us all
> >the entries. I also try to explain to him the
> correct customs procedures of
> >claiming goods and all the time he would say that
> he is trying to see with
> >the higher authorities to regularize things.
> >
> >Cross-Examination By Jobarteh
> >
> >Q: Mr. Mboge, will you be surprised to know that
> Exhibits O and P (duty
> >waivers) are from the defence and exhibited here?
> >A: Yes.
> >
> >Q: So your comment would not be founded on them?
> >A: Yes.
> >
> >\Q: Would you also be surprised that the copies
> were later found in your
> >former department files?
> >A: Yes.
> >
> >Q: Since they were found in your files and the fact
> that you did not see
> >them that, is not a problem of YDE?
> >A: It should be the problem of YDE because they are
> the importers.
> >
> >Q: Mr. Mboge, where a correspondence is sent to you
> from your state
> >department how would that be the problem of YDE for
> its lack of reaching
> >you?
> >A: It is the problem of YDE
> >
> >Q: Is it not the responsibility of the SoS finance
> to give duty waivers?
> >A: Yes.
> >
> >Q: And government can waive duties on any goods it
> deems fit?
> >A: Yes, that is correct.
> >
> >Q: Is it also that same government that knows why
> they issue YDE with duty
> >waivers?
> >A: Yes, in as much as government has powers but
> customs too have its
> >procedures.
> >
> >Q: Mr. Mboge, is it correct that the powers to
> release goods with or
> >without
> >discretion is within the powers of the DG?
> >A: Yes, that is correct.
> >
> >Q: Is it correct that other sister agencies play a
> role in goods delivery?
> >A: Yes.
> >
> >Q: Is it possible that any importer or an agent can
> take out goods without
> >the knowledge of those officers on the ground?
> >A: No.
> >
> >Q: Did Mr. Jobe ever tell you that he had been
> acting in the way he had
> >been
> >because of disregard for your authority?
> >A: No.
> >
> >Q: Mr. Mboge, you were actually convinced that Mr.
> Jobe was going to
> >produce
> >all the necessary waivers?
> >A: In September 2003 I can remember calling Mr.
> Jobe in my office to make
> >available all duty waivers or pay. He had promised
> that where he was not
> >able to produce all the waivers, then he would pay.
> >
> >Q: Is it correct that YDE had at no time showed
> refusal to pay?
> >A: As I have said, at any time Mr. Jobe is
> contacted on the matter he would
> >say he was planning to bring all documents. Then in
> September 2003 he said
> >that if he is unable to have duty waivers he would
> come up with plans to
> >pay.
> >
> >Q: Is it correct that all the manifests left open
> will be found in the
> >internal audit section as outstanding duties?
> >A: Here I have to give an explanation, it would be
> difficult since all the
> >documents such as entry forms and invoices are
> absent.
> >
> >Q: And as a result all that is said to have been
> outstanding for YDE can be
> >open to negotiation to pay?
> >A: Yes.
> >
> >Q: Have you ever negotiated for the payment of D8
> million in the presence
> >of
> >one Veronic Edwards in which a payment of D500,000
> was executed?
> >
> >A: I cannot remember.
> >
>
=== message truncated ===
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