When the case was called, DPP S.H. Barkun told the court they have an application to amend the charge on which the accused person was earlier arraigned.
Senior defence counsel Antouman Gaye said he was served with the amended charge, and had no objection.
The amended charge read in court in count one stated that Momodou Sabally, in May 2014 in Banjul did commit an offence while serving as Secretary General, Head of the Civil Service, and Minister for Presidential Affairs, causing economic loss to Social Security and Housing Finance Corporation to the tune of D402, 500, by unduly influencing the said SSHFC to fund a programme titled: “Youth Career Development Program” organised by one Mariama Sillah, without recourse to due process and thereby committed an offence.
Count two stated that Momodou Sabally in May 2014 caused economic loss to the Gambia government to the tune of D38, 424 being money received by him as per diem for a trip to South Africa to attend the inauguration ceremony of President Jacob Zuma, which he neglected to attend, and thereby committed an offence.
Count three stated that Momodou Sabally in May 2014 influenced SSHFC to sponsor a programme titled: “Youth Career Development Program” organised by one Mariama Sillah and thereby committed an offence.
Count four stated that Momodou Sabally in May 2014, in blatant disregard of due process influenced SSHFC to sponsor the programme organised by Mariama Sillah.
Count five read that Momodou Sabally on 22 May 2014 while being part of the Gambian delegation to South Africa to attend the inauguration of President Jacob Zuma, willfully neglected to attend the same inauguration and thereby committed an offence.
Count six said Momodou Sabally on 22 May 2014, in Banjul within the jurisdiction of the court, while being part of the Gambian delegation to South Africa to attend the inauguration of President Jacob Zuma, willfully and negligently delayed the departure of the Vice President’s flight from South Africa for 45 minutes and thereby committed an offence.
Count seven read that Momodou Sabally sometime in 2014 presented two vehicles being the property of Alasan Ndoye to the President as a gift, and thereby committed an offence.
Count eight stated that Momodou Sabally sometime in 2014, with intent to annoy and cause financial loss to Alasan Ndoye, informed the President that the said Alasan Ndoye has given two vehicles to the President, which information he knew to be false and thereby committed an offence.
Sabally denied any wrongdoing.
The DPP then told the court that he would ask for an adjournment to enable him call his witnesses, and proceed with the case.
Senior defence counsel Gaye said he has a pending bail application he wanted to make before the court.
The case was then adjourned to27 October 2014, for submission of the bail application.
Sabally, this is the kind of blatant witch hunting we are against. Even if you have committed these crimes, you should be on bail, or better, charge whilst you were still employed.
Mariam they don’t think about it till they become victims.
Its hard to sympathize with the likes of Sabally but we have to be consistent and advocate justice for all.
This is preposterous! Absolute bunkum and a waste of the meagre state resources. I cannot make any sense of this whole laundry list. Sabally may have committed serious human errors but wasting state resources on such frivolous charges is an insult to our collective intelligence. It is clear that the state is struggling to find something against the boy.
Mariam, I don’t understand what you mean by “witch hunting” here. Sabally’s himself was part of the “witch hunters”. Although Sabally only occupied that seat for just over a year or so, we saw him in action. While others were facing false charges and being tortured at the NIA cells and denied bail etc, etc, he was busy abusing all and sundry who spoke out against the injustices of Yahya Jammeh and his enablers. He even abused his own tribe and clansmen.
Mariam, please amend your words- this is a case of the “witches hunting themselves”. The chicken has come home to roost. Ask Njogu Bah, Lamin Jobarteh, Pa Harry Jammeh and others. The APRC is cannibalizing its own children. Should we have any sympathy for them??
PKL: ” Should we have any sympathy for them??”
No, not “sympathy” PKL, but CONCERN for due process and the rule of law.
” … delayed the departure of the Vice President’s flight from South Africa for 45 minutes and thereby committed an offence”.
Sabally probably took his time boarding the flight because he was made to believe that HE Sabally was head of the Gambian delegation – and thus it was HIS flight!
“Count two stated that Momodou Sabally in May 2014 caused economic loss to the Gambia government to the tune of D38, 424 being money received by him as per diem for a trip to South Africa to attend the inauguration ceremony of President Jacob Zuma, which he neglected to attend, and thereby committed an offence.”
I am feeling very very sad. An impoverished nation like GAMBIA paying per diems to an individual to the tune of D38,424(about $1000) is just beyond me.
When I attend conferences for my organization, I only get reimbursed for my travel expenses and food. Keeping a thorough eye on our limited assets has enabled us to weather the recession and other unforeseeble financial constraints much better than a lot of organizations and has enabled us to also keep intact all of our employees without laying off a single soul.
If African countries keep wasting money on frivolous things like inauguration ceremonies and such, we have a long way towards progress as a nation.
For someone who audits financial documents on a daily basis, I just can’t wrap my head around these irresponsible and unsustainable financial trajectory.
Many of those expensive houses in the Kombos are build by per diems from the tax-payer! Infact many of those civil servants on per diems don’t even stay in the supposed hotels paid for by the tax-payer. They stay with friends and family and simply pocket the per diems. It is a fact, Gambians know that this swindle existed/exists under BOTH Republics.
KANILAI MONSTER IS BIGGEST CRIMINAL! ALI BABA & THE FORTY THIEVES?
DAILY OBSERVER REPORTS;
“Former SG Bah testifies in Lang Conteh’s theft case
Africa » Gambia
Wednesday, October 22, 2014
The jailed erstwhile secretary general, head of Civil Service and minister of Presidential Affairs, Dr Njogou Bah on Tuesday testified as the fourth prosecution witness (PW4) in the ongoing theft case involving Lang Conteh, the former managing director of Kanilai Family Farms, at the Banjul Magistrates’ Court, presided over by Magistrate Dawda Jallow.
In his testimony, the witness intimated that he lives at Busumbala, but presently at the state central prison at Mile II. He acknowledged recognising the accused, whom he said he met before and had something to do with at some point.
He recalled that he was some time in 2012 summoned to the Office of the President, where he met with His Excellency the president and there, Conteh (accused), was introduced to him. “I was informed that he (Conteh) was to be appointed as the general manager or managing director of Kanilai Family Farms”.
Bah explained that he was to issue the accused an appointment letter to that effect and that the accused was given assignment to renovate a building or store that was to be used by the Kanilai Family Farms Company, which was to be inaugurated at the end of December 2012.
He testified that this said store was located around the entrance of Albert market on the right hand side when entering the State House.
The witness further revealed that the appointment letter was written and issued to the accused, who was reporting directly to him (Bah) at some point.
He adduced that he once issued the accused with a payment given to him (Bah) for the renovation, but would not remember the figure. “When this appointment was done, Mr Conteh was to assess the report of the renovation and submit the assignment to me and I had to share it with His Excellency the President”.
The fourth prosecution witness acknowledged writing a statement in connection with this case, which he added, was thump printed and was tendered and marked as exhibit C1.
During cross-examination, the witness denied seeing a copy of exhibit B, the police report. He however revealed being aware that after the money was given to the accused, he (Conteh) came back and wrote a statement on how it was utilised.
The ex-SG denied being aware of any payment to the accused by the former State Guard commander, Col. Lamin Sanneh.
Hearing continues on November 3rd 2014.
Author: Sainabou Jatta”
Come, come Dawda! Not PDOIS language at all! “Respect Sovereignity” – in Comrade Halifa Jallow-Sallah’s own words.
Aah! This al fatijaawo is good really well. Great!
This remarkable British Judge reminds me of the Gambian Magistrate, Borry Touray, who dismissed the case against Ebrima Chongan & Co in equally strong terms – calling the then Police Prosecutor Lamin Jobarteh (currently of Mile 2 Prison Residence) a “disgrace to the Gambian Bar”.
In 37 years in UK, I have not seen British Police & Prosecutors condemned so comprehensively by a British judge. The Defendant are two Africans (one a Reverend) and his East European staff – who, the judge says, were set up by the State (the police and prosecutors being, in this case “the state”).
Unhappily, over in The Gambia poor Sabally can’t hope to benefit from due process and the rule of law as these accused – and Ebrima Chongan.
IN THE CROWN COURT AT INNER LONDON
  EW Misc 51 (enter this in Google to access full judgement)
HIS HONOUR JUDGE MADGE:-
“ * The officer in the case and/or the disclosure officer have taken steps to ensure that the resulting photographs and video footage have not been served on the defence and have not been made available to the jury;
* The officer in the case and/or the disclosure officer have deliberately tried to conceal this by only serving extracts from the Book 101s and by not serving any statement of TDC Helen Reid until required to do so;
* The officer in the case and/or the disclosure officer have both lied about this on oath; and
* Each of these separate acts taken individually, and when viewed together, show both bad faith and serious misconduct on the part of the prosecution.
* Incompetent, unprofessional and negligent, if not, as with the five month period, simply dishonest.
* Their reason for doing this was to deprive the defence of evidence which would undermine the prosecution case and assist the defence case;
* Entries from the version of the log originally served on the defence have been altered and deleted; and
* Each of these separate acts taken individually, and when viewed together, show both bad faith and serious misconduct on the part of the prosecution.”
HHJ Nic Madge
Inner London Crown Court
21st October 2014
ABUSE of PROCESS – CASE STOPPED & ACCUSED FREED (They can now SUE).
The justice system in the Gambia is messed up,these charges are all bogus, but you reap what you sow
,.Ordinary and Holy are the same,,Sabally failed to understand that…We will teach him again,
Sabally doesn’t deserve sympathy. I grew up and sat in the same classes with him; he is very smart and knows what he did was absolutely wrong. Many Gambians have done the same, take up positions for instant fame and riches at the expense of Gambians.
what I cannot understand is the lack of regard for justice when it comes to Sabs case. Two wrongs do not make a right. we should be consistent and call for justice for all