Mam Sait Njie, a business tycoon charged with economic crime yesterday, Thursday 9th February 2012 opened his defence before Justice Emmanuel Nkea of the Special Criminal Court in Banjul. The defendant is standing trial on one count of economic crime, contrary to Section 5(b) of the Economic Crime (Specified Offenses) Act, Cap 13 Volume 111, Revised Laws of The Gambia.

The particulars of the offence stated that Mam Sait Njie on or about 12th February 2009 caused loss to the economy of The Gambia to the tune of D4.5 Million by engaging in the sale of land to the Social Security and Housing Finance Corporation (SSHFC) without paying capital gains tax to the Gambia Revenue Authority (GRA).

In opening his defence, the defendant Mam Sait Njie led by defence counsel, Antouman A.B Gaye told the court that he had both private and public relationship with SSHFC in relation to a joint venture agreement to develop some plots of land in Lamin Village, Kombo North district of West Coast Region.

Mam Sait Njie disclosed that the said plots of land covering about 216 hectares belong to him, adding that the land were both freehold and leasehold properties. Mam Sait Njie further disclosed that the said agreement he had with SSHFC was prepared by SSHFC, signed by himself, SSHFC and some witnesses.

At this point, a document purported to be the joint venture agreement between the SSHFC and himself was given to him, which he identified and was subsequently tendered in evidence and admitted as defence exhibit 3. After admitting the said defence Exhibit 3, led Counsel Antouman Gaye then read the particulars of the offence to him and asked him if he had committed the alleged offence. The defendant quickly denied the charge. He explained that the said plots of land under the joint venture were earned for Housing Project adding that the plots of land were demarcated and surveyed.

The defendant revealed that after the land were demarcated, the sketch plan of the area and a forwarding letter was given to him. The sketch plan of the area was admitted as defence Exhibit 4 and the forward letter was marked rejected by the court. The business tycoon asserted that the said plots of land in Lamin Village was originally earmarked for Agricultural purpose but converted for housing purpose, adding that his application was granted.

An original letter from the Ministry of Local Government and Lands, from the Quadrangle in Banjul; to the Managing Director of SSHFC to that effect was admitted as defence exhibit 5. Mam Sait Njie said the assignment was registered at the Registrar General’s office, Ministry of Justice.

The witness further said that the assignment of the land in question was given to him. He pointed out that the said assignment contains sketch plan and was admitted as Defence Exhibit 6. The witness also said under the joint venture agreement, the SSHFC were supposed to pay the capital gains tax, adding that there was a discount made to the SSHFC.

Njie revealed that under the joint venture agreement, the plots of land involved is about 3100 plots of land and the smallest plot measures 15 by 25 metres and was sold for D165, 000 whilst the SSHFC paid him D100, 000 for each plot, instead of D165, 000. He added that the D65, 000 discount was to enable SSHFC pay the capital gains.

Njie was asked to read clause number 327 of the Act, which stated that the SSHFC was to pay from the duty rates, taxes and claims and assessment chargeable against the owner who is the defendant, Mam Sait Njie. He disclosed that the SSHFC collected the sum of D19.5 Million and the capital gains tax was D4.5 Million according to the joint venture agreement the SSHFC was supposed to have paid the said capital gains tax. Njie however concluded his by denying the charge and said he had never caused economic loss to the country. He said that as a good citizen he performed his obligation one hundred percent (100%) to the letter.

The prosecution led by S.H Barkun asked the witness the location of the said plots of land and he replied they were in Lamin Village, Kombo North District, West Coast Region.

Hearing continues on the 20th February 2012 between 3:00pm and 4:00pm.