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Subject:
From:
Haruna Darbo <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Sat, 23 Feb 2008 23:09:04 EST
Content-Type:
text/plain
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Thank you Mr. Martin for the amicus. We appreciate your efforts to inform  
us, the citizens of Gambia, of the circumstances around soured relations between 
 Carnegie/Astron and Gambian President Yahya Jammeh. I will use your notes to 
 yield understandings:
 
[1) CMG had a license to mine for Zirconium, Rutile and Ilmenite  and not a 
license to mine for Zircon, Silicon and Ilmenite as stated.] Mr.  Martin.
 
This is understood. Thank you for the clarification. Indeed Astron  informed 
its shareholders in 2006 that such a license was received. It will have  been 
an upgraded permit from the original mining/exploration lease.
 

[2) Ilmenite is Iron Ore; Rutile is Titanium Ore so yes CMG  was exporting 
Titanium and Iron Ore quite legally and within its  license.] Mr. Martin.
 

This is also agreeable if the mining license Rutile, Zirconium, and  
Ilmenite. Yahya Jammeh's or Crispin Johnson's shortcoming in understanding  
metal-chemistry should not be excuse enough to fabricate a breach of  contract. This 
explanation however does not obviate our request for CMG to  share its mining 
license here with us. Keeping public information close to the  vest is 
effectively what led to the misunderstanding. If the matter is headed  for court, the 
case will not have been maligned by the sharing of the license  with the 
citizens of Gambia. We do not ask for the license because we think CMG  was engaged 
in extra-license activity. We seek it for our own understanding and  as good 
corporate citizens, I am confident you will be more than happy to share  it with 
the Gambian citizenry. The same onus goes to Yahya Jammeh.
 
[[3) There were traces of Uranium in the material that  CMG exported,  but it 
was less than 0.01%, a tiny amount that  would  be expected in  any  soil 
sample  taken from anywhere in the world and   could  not  be separated from the 
exported material.] Mr.  Martin.
 
We would like to think that if CMG had license to mine for Zirconium,  
Rutile, and Ilmenite, that it may be difficult to separate trace amounts of  Uranium 
from the beach sand unless an in-situ process is undertaken to do so.  Such 
processes are used by some mining companies. However, if such process is  not 
specified in CMG's license, then you are under no obligation to undertake  it. 
I think Yahya's contention lies in that the lab-assay you provided of  the 
samples was less than forthcoming regarding the constituents and their  
representative quantities. Therefore he felt your earlier shipments to China  were 
enormously more valuable than represented. Obviously that is a matter  to be 
referred to the arbitre, were such clause part of the agreement between  Yahya 
Jammeh and Carnegie/Astron. This does not affect our request for a copy of  the 
your mining license however. God knows we hold no brief for Yahya, but  neither 
do we wish to overlook the shortcomings of Carnegie/Astron. I do not  think 
Charlie ought to be detained much less imprisoned. His imprisonment and  the 
circumstances surrounding it, amounted to kidnap and abduction by  coercion.
 
[4) Charlie Northfield, who was jailed, is not  the Managing Director of CMG, 
but only the General Manager.  The  Managing Director is Alan Hopkins (Father 
of Sanyang)] Mr. Martin.
 
We tend to take the view that it did not matter what Charlie's title was.  He 
could have been the Managing Director. He still should not have been  lured 
back to Gambia under false pretenses and detained or imprisoned. If  anything 
were to be seized, it should have been Carnegie/Astron's real  assets. And even 
that will have been extreme reaction in this situation.
 
[5) Charlie Northfield was tricked into returning to  Gambia, when the 
Secretary of State, meeting with Alan Hopkins,  in London said that the mine could 
re-open on the week ending 16th Feb  2008. 
Charlie returned to Gambia to supervise  the re-opening and was arrested two 
days later.] Mr. Martin.
 
We agree with you and it is unfortunate for Charlie to be imprisoned.  
Charlie does have a valid case were he to seek relief from any court  anywhere. And 
given the duration of his involvement with CMG, it behooves  me that Charlie 
was specifically requested to re-start your operations in  Gambia. It must have 
struck you as peculiar when the Secretary of State  personally pleaded for 
restarting your operations as opposed to the Gambia  Ambassador in the UK. That 
is how normal governments handle such  matters.
 
[6) Until its closure in mid January CMG had  been a good corporate citizen 
and  the largest private employer in Gambia.] Mr. Martin.
 
Indeed. That is why we were shocked and disappointed. It appears however  
that the agreement was between Carnegie/Astron and Yahya Jammeh. We, the Gambian  
citizens wish to be indemnified in a fracas of this nature that is replete  
with such dishonour on both sides. We request again, a copy of CMG's mining  
license.
 
[In the action it  has  taken the Gambia  government of  Gambia has  violated 
its own  law, which is incorporated in the Mining  License  granted to  CMG, 
which  had provision  for  arbitration in case of disputes.] Mr. Martin.
 
As shocking as it may seem Mr. Martin, you may be relieved to know that the  
Gambia Government, to the extent there is one, is not party to the  
misunderstanding.
 
[The arbitration procedure was not used in anyway and the closure  of the 
mine in January was an illegal action.] Mr. Martin.
 
Indeed. It was an acute breach of due-diligence and contract if the  
arbitration clause were in the agreement. We agree with you. I suppose I only  share 
that the citizens or government of Gambia has very little if any part to  play 
in aggrieving you or Yahya. We renew our request for the copy of the mining  
license.
 
["The Gambia, the motives for closing Carnegie can't be taken at face value  
- further investigations are definitely needed.] Mr.  Martin.
 
We will let the investigations continue. Meanwhile however, we demand for  
the release of Charlie Northfield without prejudice, and we renew our request  
for the copy of the mining license. We sympathise with you and CMG for the  
anxiety and chagrin Charlie's detention and imprisonment has caused. We hope  
President Yahya Jammeh will come to understand that there is no value in  holding 
Charlie and that it does not augur well for the amicable and more benign  
resolution of your differences.   

 

[I am / was the mining and planning engineer for CMG and Charlie  
Northfields' deputy so I know this information is accurate. Neil  Martin MSc, BSc. DIC, 
ARSM] 
 
We have no reason to doubt this Mr. Martin and in any event, Charlie's  
imprisonment is unwarranted. We plead again to share a copy of your mining  license 
with us. We appreciate this effort on your part to clarify some of the  
issues here.
 
Most Sincerely,
Haruna.



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