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.
>
>Q: Can you tell the court customs procedure on duty waivers?
>A: When they come from finance to the customs and let's say they deal with
>the core of customs procedure we attach the applicant's application and
>invoice to it. Then it is sent to the seaport for examination, where a
>certificate is attached and then goods are delivered. After this the
>documents are sent to the internal audit for filing.
>
>Q: What do you do with a duty waiver before that procedure is executed?
>A: When they come we make sure it contains the entry showing the importer,
>the description of goods and there is attached an entry form indicating the
>title of the duty waiver, date, quantity of goods and it must show why the
>goods are exempted from payment of duty.
>
>Q: Would a mere issuance of a duty waiver without customs completing the
>acceptance procedure hold, so that duty is waived?
>
>A: No, since the manifest will still be open.
>
>Q: Do you know how many duty waivers finance issued in this case?
>A: No.
>
>Q: Does the importer have the duty to inform you of duty waivers?
>A: Yes, but finance sends all duty waivers to us.
>
>Q: Shown Exhibits O and P and asked if he had seen them before?
>A: No.
>
>Q: In customs how do you show that a duty waiver is accepted?
>A: Reference of the entry form and manifest number has to be quoted on the
>face
>
>The final witness, Mr. Malick Njai, the Senior Collector at the Banjul
>Seaport during the time the transactions occurred, was now called to
>testify.
>
>Evidence of Malick Njai
>
>Q: Your names are?
>
>A: Malick Njai.
>
>Q: Where do you live?
>
>A: Kanifing Estate.
>
>Q: Occupation?
>
>A: At the moment I am not working. My services have been terminated.
>
>Q: When?
>
>A: 26TH September 2003.
>
>Q: What position?
>
>A: Senior Collector
>
>Q: Posting?
>
>A: Banjul Seaport.
>
>Q: How long did you hold the position?
>
>A: Over three(3) years.
>
>Q: How long have you been with customs?
>
>A: 27years and 10months.
>
>Q: Do you know the first accused?
>
>A: Yes.
>
>Q: Who is he.
>
>A: Hon. Baba Jobe.
>
>Q: How do you know him?
>
>A: He is a politician and businessman running YDE and he comes to collect
>the imported goods for YDE.
>
>Q: For how long?
>
>A: Since 2001.
>
>Q: What type of goods?
>
>A: Imported e.g., Rice, sugar, flour, cooking-oil and onions.
>
>Q: For who?
>
>A: YDE.
>
>Q: Has he been paying for duties?
>
>A: No.
>
>Q: How comes he was not paying for duties?
>
>A: At the beginning Mr. Jobe came to the port with his clerks. They had no
>single entry forms and no other customs documents. The juniors brought it
>to
>my notice. Then he had already loaded his trucks and some of them had left
>the port. When I asked the officers they said Mr. Jobe had no documents
>that
>could allow them to attend to him. I tried to contact Mr. Jobe but because
>some of the trucks had already left I was not able to talk to him. I then
>contacted the Director General at the time, Mr. Mboge if he was aware and
>he
>said no. He advised that we should not allow any of the goods to go out.
>Then later when Mr. Jobe came in again, the second day I asked for his
>documents on the consignment. He told me that they are being prepared and
>that when they are ready he will bring them. I allowed him since the
>offloading of the cargo was going to take 5 days. After I realized that he
>was not complying, I stopped the loading and the trucks from leaving the
>port.
>
>When he came he asked me . I said by procedure the goods should not leave
>the port without documents that would ensure duty payment. Then Mr. Jobe
>started to threaten me by saying that if I don't mind I would lose my job.
>I
>then called the DG who asked me to allow him and he will bring the
>document,
>which I did.
>
>Q: Did he bring them?
>
>A: Yes.
>
>Q: How many times was this happening?
>
>A: Many times.
>
>Q: Can you give examples?
>
>A: There was an instance when he went to the gate to dispatch all his
>trucks
>saying the officials did not allow him and he would see the higher
>authorities. I must say that Mr. Jobe has no regard for the customs
>procedure.
>
>Q: What are your duties as Senior Collector at the Seaport?
>
>A: To see to it that goods are collected when all the required documents
>are
>produced to ensure duty payment.
>
>Q: How are goods delivered by direct delivery?
>
>A: The single entry form has to be completed and attached to the
>application
>of the importer and the approved of DG before goods are released.
>
>Q: Did they ever produce such documents?
>
>A: No.
>
>Q: Were they able to produce cargo manifest?
>
>A: No, because single entry forms were not completed at the time.
>
>Q: How were your relations with the first accused?
>
>A: Not cordial. It reached a time he bypassed me and talked to the DG and
>when he comes to the port to collect his goods when I ask him he will tell
>me talk to your DG.
>
>Q: Can you remember some of his threats?
>
>A: He had told me on many occasions that I was too small to stand in his
>way.
>
>Q: Did you tell your boss
>
>A: Yes.
>
>Q: What had he said on it?
>
>A: He had asked me to take care of him ; that any time he comes to collect
>his goods and does not have the documents that I should refer it to his
>office.
>
>Q: Were you ever shown any duty waiver for YDE?
>
>A: No.
>
>Q: Why were the customs officials not able to put the situation under
>control even at the point of lack of proper documents?
>
>A: Because Mr. Jobe later sidelined us and instead of dealing with us on
>the
>ground at the port he was dealing with the Director.
>
>At this stage the DPP showed the witness copies of letters from Finance and
>a letter from Customs which was enquiring about duty waivers. The one from
>Finance was showing confirmation that they were from them. The DPP applied
>to tender them. Mr. Gomez objected on the grounds that the documents do not
>form part of the list of exhibits that were to be tendered. The DPP for his
>part claimed that investigations in a criminal trial are an onward process
>until judgement. The DPP had cited the rule of procedure 175 on substantial
>justice while Mr. Gomez relied on section 24 of the Evidence Act. The trial
>judge in his ruling overruled the objection on the stand of the DPP.
>
>Q: What are they?
>
>A: One is letter from the Customs and the other from Finance.
>
>
>
>CROSS EXAMINATION OF MALICK NJAI BY LAWYER JOBARTEH
>
>Q: Mr. Njai, when were you first appointed Customs Officer?
>
>A: In November 1975.
>
>Q: Were your services ever terminated?
>
>A: Yes, in 1995, I was suspended.
>
>Q: Was that the only time?
>
>A: Yes, my lord.
>
>Q: I put it to you Mr. Njai that you are very good in fabricating stories I
>will tell you why.
>
>A: No, Sir.
>
>Q: Can you tell the court why you were suspended in1995?
>
>A: I do not know. All I know is that I was given a form by the Assets
>Commission of Enquiry to fill which I misplaced but was later filled.
>
>Q: Is it not correct that you later appeared before the commission of
>enquiry.
>
>A: Yes, after for six months.
>
>Q: Is it not correct that you were found liable to have been living a life
>which was above your earning capacity and as such all your assets were
>frozen? Councel Jorbateh added in fact you are very corrupt?
>
>A: Not true, my lord.
>
>The DPP at this point raised an objection that the issue of a commission
>report has no connection to the case at hand; that if Counsel Jobarteh
>wants
>to make it an issue a proper foundation had to be laid. He cited sections
>79
>and 101 subsection (2) of the Evidence Act, noting that the report of the
>commission is a court record and therefore if the defence wants the court
>to
>see it the best they can do is to refer the court to it during their
>address. Counsel Jobarteh in his reply submitted that the citation by the
>DPP are irrelevant; that in fact section 79 which was cited by the DPP if
>anything is in their interest. As Jobarteh tried to read the section trial
>judge intervened by overruling the question and advised Mr. Jobarteh to
>reframe his question.
>
>Q: Is it also correct that you also appeared before the commission on the
>former Auditor General's Report 1994-1998.
>
>A: Yes.
>
>Q: What was the conclusion of that commission on you?
>
>A: I was to be transferred to another department.
>
>Q: And what else?
>
>A: Witness silent, followed by general laughter in the court room.
>
>Counsel Jobarteh again put it to the witness, Malick Njai, that the
>conclusion was that he be transferred to another department or demoted.
>Secondly, that Mr. Njai was termed as incompetent and highly corrupt.
>
>The DPP again rose to object. The trial judge overruled the question . The
>leader of the defence team indicated that the action of lawyer Jobarteh is
>due to the way the witness concluded his evidence in chief, which Mr. Gomez
>said was very defamatory.
>
>Q: Mr. Njai, is it not correct that there was more to ordering your
>transfer
>than there was for your demotion?
>
>A: Yes, but if I may add the action on report of the commission was as a
>result of a junior officer who had mismanaged counterfoils at the Airport
>at
>the time.
>
>Q: May I put it to you despite what you have just said, the commission had
>labelled you as an incompetent officer.
>
>A: No.
>
>Q: After the Assets Commission, did anything happen to you?
>
>A: Nothing.
>
>Q: Were your assets not frozen?
>
>A: No, my lord.
>
>Q: Mr. Njai, is it not correct that you were written to come up with
>payment
>plans so as to have your assets?
>
>A: Yes, I was written to and my assets were returned but there no
>indication
>of payment plans.
>
>Q: How many assets were frozen from you?
>
>A: My compound at Kanifing Estate and two plots?
>
>Q: Mr. Njai, is it because of your desire of living above your earnings,
>which you could not have from Baba Jobe and their agents that is why you
>lead an evidence of fabrication?
>
>A: That is not correct.
>
>Q: Did you ever carry out any transactions on YDE?
>
>A: Yes.
>
>Q: Why then did you say YDE never produced customs documents and that the
>first accused, Baba Jobe had no regard for customs regulations?
>
>A: I did not say that.
>
>Lawyer Jobarteh remarked very good. Shown exhibits B and W and asked if YDE
>had not complied with the customs regulations.
>
>A: Yes, they did but added that they did not contain the contain the
>signature of the Principal Collector.
>
>Q: Who approved that direct delivery?
>
>A: The DG.
>
>Further shown exhibit Y in which Mr. Njai himself minuted inspect and
>deliver, on which the DG first approved and asked is that your writing?
>
>A: Yes, but this was in 2002. We are talking about 2001.
>
>Further shown exhibit Y2 in which the witness repeated the same remarks and
>asked, did you not write that too?
>
>A: Yes.
>
>Q: Which year was that?
>
>A: 2001.
>
>Q: Could all these happen after and during delivery?
>
>A: No.
>
>Q: Mr. Njai, I put it to you that your claim of threats on you by Baba Jobe
>are mere fabrications?
>
>A: Not correct.
>
>Q: Mr. Njai, on the pose of threat against you at the port where there not
>police officers, ports security officers, Army officers, and the personnels
>posted to the port like you?
>
>A: Yes, they were.
>
>Q: And all the gates were manned by those security units?
>
>A: Yes.
>
>Q: Mr. Njai, who is Baba Jobe on the face of the earth to disregard all
>those security units and forcefully carry out goods without being
>interrupted?
>
>A: As for us, security officers we were never satisfied with the way he did
>things.
>
>Q: But in any case, is it correct that cargoes cannot leave the port yard
>without pass.
>
>A: Yes.
>
>Q: Who issues the pass.
>
>A: The ports.
>
>Q: Is it not correct that the gate pass is issued after all necessary
>transactions are carried out?
>
>A: No, as soon as the port duty is collected.
>
>Q: Did you ever report the threats of Baba against you to any of those
>members of the different security units?
>
>A: No.
>
>Q: What about to your line ministry of finance?
>
>A: No.
>
>Q: Did you ever make a written report to the Director General?
>
>A: No.
>
>Q: Finally, Mr. Njai you are very good in fabricating stories?
>
>A: Not correct.
>
>Cross examination by Edu Gomez
>
>Q: Mr. Njai, were you terminated or dismissed?
>
>A: I was terminated.
>
>Q: Is it not correct that the way you lead your evidence is for you to get
>back to your job?
>
>A: No.
>
>Q: Were you not aware of rice being ordered into the country by the AFPRC
>government during the two year transition period?
>
>A: Not to my knowledge.
>
>Q: I put it to you Mr. Njai that contrary to what you said , you were
>dealing with Buba Senghore and Buba Baldeh and not Baba Jobe in person?
>
>A: Like I said Baba Jobe comes to the port with his clerks including Buba
>Senghore. For Buba Baldeh he came into the issue first at the latter part
>of
>2003. But Baba sometimes came along and when he makes all the necessary
>arrangement that is the time Buba Senghore alone would come instead of with
>Baba Jobe.
>
>Cross examination by L. K. Mboge
>
>Q: Mr. Njai, in your evidence in chief you told the court that YDE had
>never
>paid customs duties for the goods they imported. Would you term this
>alleged
>unpaid duties as outstanding?
>
>A: Yes, it is correct. It is outstanding.
>
>Q: Is it correct that YDE could not have taken goods out of the port
>without
>the customs' acknowledgement?
>
>A: Yes. I didn't say that they clear their goods without customs'
>acknowledgement. What I said is that they clear YDE goods without customs
>documents.
>
>Q: Were you the only customs officer at the port.
>
>A: No.
>
>Q: So is it not possible that other officials could deal with them without
>your knowledge?
>
>A: Yes.
>
>Q: Where is your office at the port?
>
>A: The container garage at the dockyard in the same compound without a
>fence.
>
>Q: Is it possible to know what is happening at the seaport?
>
>A: There is no fence. It is all one compound.
>
>Q: How many times did you have an encounter with the first accused?
>
>A: I cannot remember.
>
>Question repeated. The DPP intervened by saying he said he cannot remember.
>The trial judge said ok now it is the court asking the witness. How many
>times or at least how many times.
>
>A: At least a dozen times.
>
>Q: I put it to you that all your encounters were with the clearing agents
>and other agents of YDE and not Baba Jobe in person?
>
>A: Not correct.
>
>Q: I put it to you Mr. Njai that on your claim that Baba Jobe comes to the
>port to clear YDE goods without dealing with you is not correct?
>
>A: It is correct.
>
>At this stage, the prosecution rest its case. The case was then adjourned
>till today for the defence to present their case.
>
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