Oley Sey opens defence - As no case submission overruled

Oley Sey, ex-nominated member of the National Assembly and first accused person in the ongoing criminal case of conspiracy to commit felony and theft, filed in by the state against her and Abdourahman Bah, coordinator of James Junkung Jammeh Nursery School in Abuko, yesterday opened her defence before the senior magistrate, Lamin George, of the Banjul Magistrates Court.

This development came shortly after the presiding magistrate overruled the no case submission made by Lamin Camara, counsel for Oley Sey. The presiding magistrate, in his short and precise ruling on the no case submission, informed the court that the prosecution had given prima facie evidence against the two accused persons and thus there was the need for them to open their defence.

“Looking at the total evidence adduced in court by the prosecution witnesses, the court found their evidence coherent and unshakable. The evidence of PW1 is more tellingly supported by other prosecution witnesses as the gift was from the president of the Republic to James Junkung Jammeh Nursery school in Abuko. The money was handed over to Hon Fabakary Tombong Jatta, who in turn handed over the money to the second accused, Abdourahman Bah,’’ the magistrate said.

Lamin Camara, shortly after the ruling, informed the court of the defence’s intention to open their case and subsequently called Oley Sey to the witness box. The ex-nominated member of the National Assembly told the court that she resides at No 19 Dobson Street in Banjul.

She denied the charges against her. Oley Sey recalled that on 28th July, 2008, she received a phone call from Alagie Ceesay, chief of Protocol at State House, who asked for the phone number of Abdourahman Bah, the second accused person.

“In the evening, Abdourahman Bah called and told me to attend the presentation of the D500,000 at the Department of State for Basic and Secondary Education, a gift from the president to the James Junkung Jammeh Nursery School in Abuko. Fabakary Tombong Jatta, Majority leader of the  National Assembly and NAM for Kombo East introduced me to Abdourahman Bah and told me to help him receive the D500,000, 1000 bags of cements and  computers presented to the school by the president of the Republic of the Gambia,’’ she explained.

“I came to know Abdourahman Bah three weeks prior to being involved in trouble with him. I attended the presentation, which was  done by SoS  Fatou Lamin Faye at the Department of State for Basic and Secondary Education in Banjul. The D500,000 gift was given to the Lord Mayor of KMC, Yankuba Colley, who handed it over to Hon Fabakary Tombong Jatta for onward [transmission] to Abdourahman Bah, coordinator of the James Junkung Jammeh Nursery School in Abuko. The mayor instructed Abdourahman to open a bank account for the money,’’ she said.

Oley Sey further explained that after the presentation ceremony, Abdourahman Bah begged for a ride in her car to see the chief of protocol, Alagie Ceesay, at State House to collect the 1000 bags of cement and computers, which were not part of the presentation but the chief of protocol was not in his office and Abdourahman Bah again asked  her to drop  him off at the National Assembly so he could go to the office of Hon Fabakary Tombong Jatta, which she did.

“On 30th July, Abdourahman Bah came to my house alone with D200,000 in a plastic bag. I asked him what the problem was. He explained that his partners in the UK assigned him to  complete works at the school as they had made promises to the president that the renovation works at the school would be finished by September 2008. Abdourahman Bah explained that he needed D300,000 to buy some materials to enable him to complete works at the school.

I asked why he did not open the bank account as he was instructed to do instead of bringing  the money into my house but Abdourahman insisted that the school is a private one owned by him and his partners in the UK, whom he met at the Palma Rima Hotel in Kotu, at a time when  nobody was present. Abdourahman Bah promised to bring invoices and receipts of any material he bought and asked me to keep the D200,000 for safe keeping until the next day, but he never returned,” Oley Sey explained to the court.

Miss Sey revealed that she personally went on an investigation to the James Junkung Jammeh Nursery School in Abuko but she found out that no work was done at the school as Abdourahman had promised. She said she called his phone but it was switched off.
“On 4th August, 2008, I received a phone call from Abdourahman Bah, informing me that the mayor, Yankuba Colley, was  asking for the D500,000. He added that we should meet at the mayor’s office in KMC the next day. While at the mayor’s  office, Abdourahman was asked to produce either the bank book or the D500,000. I later told Abdourahman Bah to [leave] me and the mayor alone.

 After he left, the mayor asked if I knew Abdourahman Bah and why I had sent him out, because, according to the mayor, Abdourahman Bah had run away from the community of Abuko since he received the D500,000 and was dodging their calls,’’ Oley Sey told the court.  At that juncture, Lamin Camara, counsel for Oley Sey, applied for an adjournment due to another pressing matter he was supposed to attend to.
The presiding magistrate granted his application and adjourned the case  to today, after a strong objection from Inspector Keita, the prosecution officer.