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The Gambia and Related Issues Mailing List <[log in to unmask]>
Date:
Wed, 21 Dec 2011 23:49:32 -0500
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 Laye, Thanx for sharing. I want to differ with you here on opinion. Your friend Ous could have been honest in your eyes but that does not mean he should not answer to charges of financial impropriety and official misconduct. It is just unfortunate that the Yahya courts are not competent enough to try anyone on any crime. I wish he would transfer all cases to the Sierra Leone courts and let the chips fall where they may. Of course he will have to pay the Sierra Leone government and people for outsourcing Gambia's judiciary. But it may be Yahya's best option. No one in Gambia can get a free trial, whether you are a member of Yahya's government or in the opposition parties.

If Ous is as honest in this case as he has been in your eyes before, I am confident he can prove that once again. Both Serign and Ous need to answer to charges because the crimes are against the people of Gambia, not so much against Yahya. It is just unfortunate they have to be tried in the Gambia courts where they can never get a free trial. This is whether they are guilty or innocent. They are both presumed INNOCENT until proven guilty in a court of law. With the alarming frequency of dismissals and recycling by Yahya, I wouldn't be surprised if Ous actually was not apprised of Serign's dismissal. That could be Ous' defense. If it can be proven that he was not properly notified, then he will have proved his innocence. Of course that still does not relieve him of the idiot Yahya's wrath.

 
So in essence I empathize with your defense of Ous from your prior knowledge of him, and with the Gambia courts the way they are, I would also be tempted to vouch for Ous' honesty. The only thing is that the alleged crimes are against the people of Gambia and honesty unfortunately is NOT COMMUTATIVE. So I will plead for a change of venue for Ous to the Sierra Leone courts or assist in his defense which is immune to Yahya's gerrymander. Let's hope he finds a willing and able attorney for his defense.

This brings me to a point I have been drumming about for centuries:

You must not work for a criminal government if you are yourself honest. Give me democracy and the rule of law or give me death. ANd please don't tell me about giving your quota for national development. By the very act of working for Yahya (and that is exactly what every government worker in Gambia is doing), you are setting the nation back by a greater stride than you accrue it progress. You also make the work of those who seek to prosecute the criminal in Yahya more arduous and flummuxed (kids do not try this word at home).

Haruna. Thanx for sharing though Laye. I do feel for you and your friend Ous.

 

-----Original Message-----
From: Laye Jallow <[log in to unmask]>
To: GAMBIA-L <[log in to unmask]>
Sent: Wed, Dec 21, 2011 9:57 am
Subject: [G_L] Fwd:Gambia: Ex-Secretary General Jammeh Arraigned, Remanded


Wow! I've always thought and still believe Ous was honest,
professional and smart! Here's a guy who was in charge of multiple
projects of many $$$millions - and I did his book keeping for these
projects at the time - I can attest he was one in a thousand honest
guy! Unlike many I saw at the time.

Well, so is what you get for being an honest professional working for
an idiot. I hope they arrest Serigne Cham who is the actual criminal
in this case. The Ous I know will not shirk his professional
responsibility.

========================================================================================================================

The Daily Observer (Banjul)
Gambia: Ex-Secretary General Jammeh Arraigned, Remanded

Fatou Sowe

21 December 2011

The former secretary general and head of the Civil Service was Tuesday
arraigned and charged with criminal offences before the Banjul
Magistrates Court, presided over by Principal Magistrate Sheriff
Tabally.

Ousman Jammeh is charged with three counts of criminal offences
-negligence of official duty, abuse of office and economic crimes, all
contrary to the Laws of The Gambia.

The charges on count one -negligence of official duty; the accused is
said to have between the months of July and November 2011 in the city
of Banjul, being employed as secretary general and head of the Civil
Service, failed to authorise the PMO to stop the salary of Serign
Cham, the former permanent secretary of the Ministry of Finance and
Economic Affairs.

On count two - abuse of office; the accused is alleged to have between
the months of July and November 2011 in Banjul abused his office by
virtue of his position as SG and head of the Civil Service of the
government of The Gambia to wit: allowed Serign Cham, the former
permanent secretary, Ministry of Finance and Economic Affairs to
receive his salaries after being dismissed from the Civil Service.

On count three -economic crimes; the accused in the months of July and
November 2011 in Banjul, by virtue of his position as the secretary
general to wit: corruptly and dishonestly caused economic loss worth
of D90, 000 to the government of The Gambia by allowing Serign Cham,
the former permanent secretary, Ministry of Finance and Economic
Affairs to receive his salaries after being dismissed from the Civil
Service.

The accused pleaded guilty to all the counts.

The police prosecutor, Superintendent Joof narrated the facts, saying
that the accused, while employed in the Civil Service, negligently
failed to stop the salary of Serign Cham, who was dismissed from the
Civil Service as PS, from July to November 2011, to wit; he was
arrested and charged for the offence committed.

Supt. Joof further told the court that the accused in his capacity as
SG abused his office by allowing Serign Cham to fraudulently receive
his salaries from July to November 2011 while he [Cham] was dismissed.
He said the matter was reported to the Police Investigation
Department, who later arrested the accused person and he was
subsequently brought before the court.

The accused in his reaction to the facts revealed by the prosecutor
said that he is loyal to the head of State and doesn't want any
confrontation. He said that he took the responsibility for any
oversight of the Office of the SG. He insisted that the act was not
intentional, pointing out that human beings are bound to forget. He
added that the Office of the SG is a very busy office.

The presiding magistrate convicted the accused on counts one and two
upon his own plea of guilty. He however said that count three, ie
economic crimes, is beyond the jurisdiction of his court. He later
ordered for the convict to be remanded in prison custody pending his
sentence. He adjourned the case to 23rd December 2011 in other for him
to advise himself.

--
-Laye
==============================
"With fair speech thou might have thy will,
With it thou might thy self spoil."
--The R.M

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