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. > >_________________________________________________________________ >Keep up with high-tech trends here at "Hook'd on Technology." >http://special.msn.com/msnbc/hookedontech.armx > >~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ >To Search in the Gambia-L archives, go to: >http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l >To contact the List Management, please send an e-mail to: >[log in to unmask] > >To unsubscribe/subscribe or view archives of postings, go to the Gambia-L >Web interface >at: http://maelstrom.stjohns.edu/archives/gambia-l.html > >~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ > >~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ >To Search in the Gambia-L archives, go to: >http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l >To contact the List Management, please send an e-mail to: >[log in to unmask] > >To unsubscribe/subscribe or view archives of postings, go to the Gambia-L >Web interface >at: http://maelstrom.stjohns.edu/archives/gambia-l.html > >~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ _________________________________________________________________ Get some great ideas here for your sweetheart on Valentine's Day - and beyond. http://special.msn.com/network/celebrateromance.armx ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ To Search in the Gambia-L archives, go to: http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask] To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~