Principal Magistrate Taiwo Ade Alagbe of the Banjul Magistrates’ Court, Wednesday, June 13th, 2012, adjourned the 14-count criminal case charges of economic crime, perjury, uttering false documents, defraud of Government tax, among others, filed in by the state against 4 officials of the Gambia Revenue Authority (GRA),and 10 othersto Monday, 18th June, 2012.

The accused persons: Bakary Sanyang, Musukebba Corr, Louie Gillen, Mamour Joof, Muhammed K. Krubally, Serign Bamba Saho, Selia Cole, Neneh Jallow, Remeh Jagne, Emmanuel E. Chime, Rene Renner, Ebrima Kebbeh, Momodou Sanneh and Fatou Sonko, were first arraigned on Thursday, June 7th, 2012, at the Banjul Magistrates’ Court, where all of them were granted bail except the 4 top officials of the Authority; namely, Bakary Sanyang, commissioner general of GRA; Mamoud Joof, deputy commissioner, Tax Office Operation; Louie Sheikh Tijan Gillen, deputy commissioner, Large Taxpayers Unit and Musukebba Corr, ex-commissioner, Domestic Tax, who were remanded in prison.

On count one, the accused persons are charged with negligent of official duty, contrary to the Laws of The Gambia. The particulars of offence stated that Bakary Sanyang, Musukebba Corr, Louis Gillen and Mamour Joof, from 1999 to 2011, at the Gambia Revenue Authority, in the City of Banjul, by virtue of their employment as senior staff of the Gambia Revenue Authority, neglected their official duties, causing economic losses to the tune of D2, 528, 894, 688.37 (two billion five hundred and twenty eight million eight hundred and ninety four thousand six hundred and eighty eight Dalasis thirty seven butut) to the government of The Gambia, thereby committed an offence.

Count two, one of the accused persons is charged with perjury, contrary of the land. The particulars of the offence stated that Louis Gillen, between the years 1999 and 2011, at the Gambia Revenue Authority in Banjul and diverse places in the Republic of The Gambia, lied to the Tax Evasion Commission, thereby committed an offence.

On count three, the accused persons are charged with perjury, contrary to Section 95 of the Criminal Code, Laws of The Gambia 2009. The particulars of the offence stated that Louis Gillen, Serign Bamba Saho, Selia Cole and Muhammed K. Krubally between the years 1999 and 2011, in the city of Banjul and diverse places, in the Republic of The Gambia, whilst on oath, lied to the Tax Evasion Commission.

On count four, the accused persons are charged with uttering a false document, contrary to Section 328 and punishable under Section 322 of the Criminal Code, Cap 10:01 Volume III, Laws of The Gambia 2009. The particulars of the offence stated that Louis Gillen, Serign Bamba Saho, Selia Cole and Muhammed K. Krubally between the years 1999 and 2011, in Banjul and diverse places in the Republic of The Gambia, falsely uttered a document exhibited in the Tax Evasion Commission as Exhibit LG1, intent to defraud.

On count five, the accused persons are charged with uttering a false document, contrary to Section 328 and punishable under Section 322, Laws of The Gambia 2009. The particulars of the offence stated that Neneh Jallow, Remeh Jagne and Emmanuel Chime, in the year 2010 in Banjul and diverse places in the Republic of The Gambia, falsely uttered a document being a deed of assignment with serial registration number 469/2010 Vol 73 KD to the Tax Evasion Commission, intent to defraud.

On count six, the accused persons are charged with defraud of Government Tax Revenue Contrary to Section 221(2)(a)(c) of the Income and Sales Tax Act 2004. The particulars of the offence stated that Louie Gillen, between the year 1999 and 2011, in Banjul and diverse places in the Republic of The Gambia, being a revenue officer under the Gambia Revenue Authority entered into an agreement with Serign Bamba Saho to defraud the Gambia government of tax revenue, thereby committed an offence.

On count seven, the accused persons are charged with defraud of Government Tax Revenue Contrary to Section 221(2)(c) of the Income and Sales Tax Act 2004. The particulars of the offence stated that Bakary Sanyang, between the years 1999 and 2011, in Banjul and diverse places in the Republic of The Gambia, being a revenue officer under the Gambia Revenue Authority, entered into an agreement with Ebrima Kebbeh to defraud the Gambia government of tax revenue, thereby committed an offence.

On count eight, the accused persons are charged with defrauding Government tax revenue, contrary to Section 221(2)(C) of the Income and Sales Tax Act 2004. The particulars of the offence stated that Bakary Sanyang, between the years 1999 and 2011, in Banjul and diverse places in the Republic of The Gambia, being a revenue officer under the Gambia Revenue Authority, entered into an agreement with Ebrima Kebbeh to defraud the Gambia government of tax revenue, thereby committed an offence.

On count nine, one of the accused persons is charged with defrauding of Government tax revenue, contrary to Section 221(2)(c) of the Income and Sales Tax Act 2004. The particulars of the offence stated that Mamour Joof, between 1999 and 2011, in Banjul and diverse places in the Republic of The Gambia, being a revenue officer under the Gambia Revenue Authority, entered into an agreement with Kombo Poultry Farm to defraud the Gambia government of tax revenue, thereby committed an offence.

On count ten, one of the accused persons is charged with Economic Crimes (Specified Offences) Act, contrary to Section 5 (b) of the Criminal Code Cap 13:07 Volume III, Laws of The Gambia. The particulars of the offence stated that Louis Gillen, sometime in the years 1999 and 2011, in Banjul and diverse places in the Republic of The Gambia, intentionally and unlawfully caused economic losses to the government of The Gambia, thereby committed an offence.

On count eleven, the accused persons are charged with Economic Crimes (Specified Offences) Act, contrary to Section 5 (f) of the Criminal Code Cap 13:07 Volume III Laws of The Gambia 2009. The particulars of the offence stated that Bakary Sanyang, Musukebba Corr, Louie Gillen and Mamour Joof, sometime between 1999 and 2011, in Banjul and diverse places in the Republic of The Gambia, intentionally and unlawfully caused the state to lose revenue amounting to D2, 528, 894, 698.37 (two billion five hundred and twenty-eight million eight hundred and ninety-four thousand six hundred and ninety-eight Dalasis thirty-seven bututs), being total outstanding liabilities owed after the reassessment of selected income, sales, payer and capital gains tax payers, thereby committed an offence.

On count twelve, one of the accused persons is charged with making false and misleading statement, contrary to Section 218 of the Income and Sales Tax Act 2004. The particulars of the offence stated that Rene Renner, between the years 1999 and 2011, in Banjul and diverse places in the Republic of The Gambia, made false and misleading statements in the declaration of his income, thereby committed an offence.

On count thirteen, one of the accused persons is charged with making false and misleading statement, contrary to Section 218 of the Income and Sales Tax Act 2004. The particulars of the offence stated that Ebrima Kebbeh, between the years 1999 and 2011 in Banjul and diverse places in the Republic of The Gambia, made false and misleading statements in the declaration of his income on capital gains tax, thereby committed an offence.

On count fourteen, the accused persons are charged with making false and misleading statement, contrary to Section 218 of the Income and Sales Tax Act 2004. The particulars of the offence stated that Momodou Sanneh and Fatou Sonko, between the years 1999 and 2011, in Banjul and diverse places in the Republic of The Gambia, made false and misleading statement in the declaration of their income on capital gains tax in the Baboucarr Sey and Alex Tabbal Sales Property Transaction, thereby committed an offence.

The adjournment came by an application made by the police prosecutor Superintendent Sainey Joof, on the grounds that the said case file has been sent to the Attorney General’s Chambers for legal advice, hence the need to adjourn the matter pending receipt of the said file from the AG Chambers.

According to the police prosecutor, the AG Chambers, at the end of the legal advice may take over the prosecution of the case in court. His application was granted, which paved the way for a team of defence counsel to make applications for their various clients in connection to the matter.

Lawyer Mene was the first to submit his application for a bail to be granted to his client, Muhammed K. Krubally, the fifth accused person in the case. Defence Counsel Mene drew the court’s attention to what he called good and unquestionable disposition of his client, whom he described as a responsible person with a family and has a high moral standing in society, hence the need to grant him bail, in line with the Criminal Procedure Code, among other laws of the land.

According to the defence counsel, Muhammed K. Krubally is charged with perjury, an offence which is bailable. The presiding magistrate granted him bail in the sum of D300, 000 (three hundred thousand Dalasis) with two Gambian sureties who must deposit their ID cards with court registrar and the accused person himself must deposit all his travelling documents with the court registrar.

However, defence counsel Hawa Sisay-Sabally also made an application for her client, Musukebba Corr, the second accused person to have a medical attention, pending the determination of her bail application at the High Court on an economic crime charge. According to Lawyer Sisay-Sabally, her client is a diabetic patient, who needs to have a medical attention pending determination of her bail at the said High Court. She backed up her submission with what she called a missing medical appointment date for her client.

“My client, Musukebba Corr, is a diabetic patient and she needed a medical attention, while under custody. She even missed her medical appointment yesterday owing to the fact that she is under custody and therefore, I am applying for the court to allow her access medical attention,” the defence counsel submitted. The application was rejected by the presiding magistrate.

However, theaccused persons were granted bail accordingly except Bakary Sanyang, Mamour Joof, Louie Sheikh Tijan Gillen and Musukebba Corr.