Dr. Jaiteh,

The sad reality is that there is no separation between Gambia and President
Jammeh. He is the government, the country and the law. Turning a country
into a private property is beyond comprehension!

Thanks

Demba


On Tue, Sep 17, 2013 at 7:28 AM, Malanding Jaiteh <[log in to unmask]>wrote:

>  I am aware the gods have gone really mad in today's Gambia but how does
> failure to clear fertilizer for Kanilai Family Farm (privately owned I
> presume) amount to economic loss to The Gambia government, and by extension
> economic crime?
>
> I quote,
> "According to the particulars of the offence, the accused between the
> months of September 2012 and September 2013 in the city of Banjul,
> intentionally did an act which showed to be detrimental to the economy of
> The Gambia by receiving the original bill of laden for twenty (20)
> containers of fertilizer valued at one hundred and forty one thousand
> Dollars ($ 141:000,00) for Kanilai Family Farm from the Delmas Gambia
> Shipping Agency and failed to clear same, which causes an economic loss to
> The Gambia government, thereby committed an offence."  end of quote
>
> Any legal luminaries?
>
>
>
> Malanding
>
> Courtesy:
> http://observer.gm/africa/gambia/article/former-sg-bah-faces-economic-crime-charge
> Former SG Bah faces economic crime charge
> Africa <http://observer.gm/africa/news>  $B"d (B Gambia<http://observer.gm/africa/gambia/news>
>  Tuesday, September 17, 2013
>
> *Dr Njogou Lamin Bah, the former secretary general and head of Civil
> Service and minister of Presidential Affairs was on Monday arraigned at the
> Banjul Magistrates $B!G (B Court before acting Principal Magistrate Lamin Mbaye.
> *
>
>
>  The accused person is charged with economic crime (Specified Offences)
> Act, contrary to Section 5(f) of the Economic Crime Act, Cap 13.07, volume
> III, laws of Gambia 2009.
>
>
>  According to the particulars of the offence, the accused between the
> months of September 2012 and September 2013 in the city of Banjul,
> intentionally did an act which showed to be detrimental to the economy of
> The Gambia by receiving the original bill of laden for twenty (20)
> containers of fertilizer valued at one hundred and forty one thousand
> Dollars ($ 141:000,00) for Kanilai Family Farm from the Delmas Gambia
> Shipping Agency and failed to clear same, which causes an economic loss to
> The Gambia government, thereby committed an offence.
>
>
>  When the case was mentioned in court, the police prosecutor Sgt Badjie
> applied under Section 62 of the Criminal Procedure Code (CPC) and Section 9
> of the Economic Crime Act for the matter to be transferred at the High
> Court, which he said has the proper jurisdiction to hear the case.
>
>
>  In response to the application made by the police prosecutor, Lawyer LK
> Mboge, the defence counsel for the accused person also applied under
> Section 99, sub-section (1) of the C.P.C of General Laws, with specified
> legislation under Section 8 of the Economic Crime, sub-section (1), for
> bail to be granted to the accused person.
>
>
>  He pointed out to the court that the accused is a Gambian citizen who
> assumed one of the highest positions in The Gambia government service, has
> five children and his old aged mother and father all depend on the accused
> person for survival.
>
>
>  LK Mboge submitted that the accused has a landed property situated in
> the Greater Banjul Area noting that the accused cannot flee The Gambia. The
> counsel for accused further urged the court to use its discretion under 62
> of C.P.C and power of authority to grant bail to the accused person, as the
> accused has a fundamental right to bail, citing Section 19 of the
> constitution.
>
>
>  In his opposition to bail for the accused, the prosecution adduced that
> the investigations are still undergoing and that if the accused is granted
> bail, he might interfere with the prosecution witnesses because the
> witnesses had worked with him and might temper prosecution $B!G (Bs investigation.
>
>
>  In his ruling, the presiding magistrate said he intended to consider
> defending counsel $B!G (Bs submission because Section 208 (a) and Section 99 of
> CPC are talking about the liberty of the accused person. However, the
> presiding magistrate ruled for bail to be granted in the sum of one million
> Dalasis with a Gambian surety with landed property.
>
>
>  The defence counsel further applied for the accused person not to be
> re-arrested on the same charge as he has fulfilled his bail conditions. In
> his ruling to the defence application, the presiding magistrate said it is
> clear for the defence counsel to fear that the accused person might be
> arrested by authority. He however said the law is also in accordance with
> such procedure.  $B!H (BI believe the above Section of the 1997 Constitution to be
> sacrosanct and every Gambian citizen should be guided by it at all times in
> the execution of their functions. This is the opinion of the court in the
> matter, $B!I (B the stated.
>  Author: *Lama S. Jallow*
>
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