Lamin Jah, Ousainou Sanneh and Mimi Krubally, KMC officers, were recently arraigned before Magistrate Mam Samba of the Kanifing Magistrates’ Court and charged with stealing by clerk or servant, conspiracy and making false document.
However, Lamin Jah pleaded guilty and was convicted and sentenced accordingly. Mustapha Kanyi, the second prosecution witness, had testified. The defense counsel, Babucarr Secka, cross-examined him. He was asked under cross-examination who assigned him to investigate into the matter. In response, he told the court that the mayor and the management assigned him to investigate.
Asked whether he has training and experience in investigation, he answered in the negative. He was asked whether he knew that Lamin Jah pleaded guilty, and was convicted and sentenced. He adduced that he did not know that Lamin Jah pleaded guilty but knew that he was convicted and sentenced.
Counsel Secka wanted to know whether he was given a document or a letter to do the investigation, and he stated that he was not given any letter to do the investigation, adding that he was told to do so verbally. Asked whether he prepared a report, and he replied in the positive.
He was also asked whether he would be able to produce the said report before the court, and he answered in the positive. At this juncture, Counsel Secka urged the magistrate to order the witness to produce the report, because it was crucial and relevant in the case.
Magistrate Samba then ordered the witness to produce the report before the court on the next adjourned date. Still under cross-examination, he told the court that he did not know how much money was paid and received. It was put to him that in his statement, he mentioned the amount of money paid. He said that he knew the sum of money paid by an individual but not the total amount paid.
He was asked whether he would be able to identify his statement if he saw it, and he answered in the positive. At this juncture, he was given his statement to go through, which he did. He then confirmed that it was his statement and he recognized it through his signature. Asked what his position at KMC is, he told the court that he is a compliance officer.
He was challenged that his position does not exist under the Local Government Act. In response, he said he did not know. Again, Counsel Secka put it to him that the office of a compliance officer does not exist under the Local Government Act. He stated that he did not know. Asked what Lamin Jah’s position is, he told the court that he is a security. He was again asked whether Lamin Jah was collecting revenue from vendors. He said he was not.
He was also asked what the position of Ousainou Sanneh is, and he told the court that he is a market manager. Questioned whether Ousainou Sanneh is a revenue collector. In response, he said he is not. At this juncture, the case was adjourned to the 11th January, 2019, for continuation of cross-examination. Prosecutor Touray stood in for the Inspector General of Police