Defense Counsel Sheriff Tambedou, yesterday urged the court to discharge and free his client, Omar Ndow, former Managing Director of Gamtel, of all the charges preferred against him.

Delivering his submission before Principal Magistrate BY Camara of Banjul Magistrates' Court, Counsel Tambedou argued that it is late to remedy a fundamental defect, as the Prosecution has already closed its case. "The case shall not be instituted without consent (fiat) of the Attorney-General (AG). I say it is fundamental, because this provision is mandatory. Therefore Count 2 (wilful failure to follow the GPPA regulation) of the charge is invalid", he said.

Lawyer Tambedou then made reference to both the Gambia Public Procurement Agency (GPPA) Act and GPPA Regulations, as well as different sections of the said Act and regulation to support his argument. "I submit that for the Prosecution to make a successful prosecution of the case, especially on Count 1, the Prosecution must establish that Omar Ndow has a statutory duty as Managing Director of Gamtel to refer contract or contracts to GPPA," he said. According to him,  the prosecution must do this in order to have a successful prosecution.

The Defence Counsel also made reference to evidences given by prosecution witnesses to the case and the GPPA Act, which according to him, clearly states that it is the procurement organisation that has responsibility over the GPPA and not the individual. "Omar Ndow as an individual has no requirement to do with the GPPA Act. It is the law that the company owns contract and the company can be held responsible for any breach of contract that the company entered into," he further submitted.

The Defence Counsel made emphasis on his submission that the Prosecution has made no case against the accused person and therefore urged the court to discharge the accused of all the charges preferred against him.
Police Prosecutor ASP Bojang, applied for a short adjournment to enable him prepare his reply to the Defence Counsel.
Presiding Magistrate Camara then granted the application and adjourned the case to  November 7.