D68M case against Lang,
Clarke, others struck out
By PK Jarju
Mar 3, 2004, 10:45
The economic crime charges levelled against Lang Conteh, former manager of
foreign exchange at Central Bank, Momodou Clarke Bajo, former governor of the
bank, Betty Saine, Bigay Ceesay, Bintou Conteh, Nyanya Joof and Wechit/Faling
Bureau de Change Ltd, were on Monday struck out by Justice MA Paul.
The case was struck out following an application made by the director of
public prosecution, Akomaye Agim for the withdrawal of the charges.
In his application, the DPP said the state was prompted to withdraw the
charges against the accused persons after they completed payment with interest. He
added that although these does not free them from criminal responsibilities of
economic crimes, the state has decided to exercise its discretion to
discontinue prosecuting the accused persons in the principle of restorative justice.
“It is not in all cases that we pursue the retributive principle and it is
hoped that the moral lesson will save the state a waste of time and expenses. In
this peculiar circumstances, we have decided to discontinue the case,” he
said.
In his ruling, Justice MA Paul granted the application and struck out the
case accordingly.
The seven were charged on count I with economic crime contrary to Section 5
(a) of the Economic Crimes (specified offences) Decree No. 16 of 1994 for
wilfully and recklessly arranging and executing foreign exchange contracts on
behalf of the Central Bank of The Gambia with Wechit/Faling Bureau de Change Ltd,
causing loss to the Central Bank of The Gambia in foreign currency equivalent
to D68 million. They were also charged on count II with economic crime contrary
to Section 5(b) of the Economic Crimes (specified offence) Decree No. 16 1994
for operating under the name and style of Wechit /Faling Bureau de Change Ltd
in the course of transaction with the Central Bank, to wit, contract to
supply Central Bank of The Gambia foreign currency, between 2001 and 2003,
intentionally causing loss to the Central Bank in foreign currency equivalent to D68
million.
The accused persons were charged on count III with economic crime contrary to
Section (g) of the Economic Crimes (specified offences) Decree No. 16 of 1994
for dishonestly abusing their offices for private benefits by securing and
signing foreign currency contracts for and with Wechit/ Faling Bureau de Change
Ltd wherein they have interest and own part of the share capital.
They were also charged on count IV with economic crime contrary to Section
5(h) of the Economic Crimes (specified offences) Decree No.16 1994 for
committing acts that were detrimental to the economy of The Gambia or to the welfare of
the people of The Gambia, to wit, obtaining monies from the Central Bank to
supply it with foreign exchange and failing to do so.
None of the accused appeared in court during Monday’s hearing.
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