Alieu Ceesay, a senior bailiff attached at the Sheriff Division at the Supreme Court in Banjul Tuesday continued his testimony as third prosecution witness in the alleged theft trial against Tina Faal, a former nominated National Assembly member at the Banjul Magistrates’ Court.
Continuing his evidence before Principal Magistrate Kebba Baldeh, the witness said O’ Corporation Company had paid an amount of money because they were the highest bidder.
He said he couldn’t remember the amount that was paid but said whenever money is paid to the Sheriff Division it will be paid to the government audit.
He maintained that that public notice was published for auction, saying he will identify the notice if a certified true copy of it is shown to him, as they are unable to trace the original copy.
When the police prosecutor S Sanyang applied to tender the copy of the notice document in evidence as an exhibit, Tina Faal`s defence lawyer S Gaye objected, stating that the document is not the original copy and it is in fact a secondary evidence.
Counsel Gaye submitted that the prosecution did not lay any proper foundation, citing Section 101(1) (c) of the Evidence Act to support his argument. He also added that the witness is not the maker of the document, saying accepting it will be prejudicial to the defence during cross-examination.
He argued that in the document, it appeared that one stamped portion is signed while the other one is left blank; saying it also showed that the document was printed by a government printer from the Ministry of Tourism but it did not state where it emanated from. He then urged the court to reject the document.
Prosecutor Sanyang equally quoted the Evidence Act and urged the court to admit the document since the prosecution has laid proper foundation, saying the Sheriff Division does not have the facilities to print the document so they will go and look for it somewhere else.
Tina Faal is said to have conspired with one Babanding Sissoho, to wit, sold various parts of Boeing 727-234 SN 2216-55V TPA aircraft to one Alhagie Omar Keita with intent to defraud sometime between 2014 and 2016 in Banjul and diverse places. The aircraft is said to be the property of O’ Corporation Company Ltd.
Mrs Faal is also charged for selling various parts of Boeing 727-234 SN 2216-55V TPA aircraft belonging to O’ Corporation Company Ltd of Ireland by Sheriff Sale to one Alhagie Omar Keita when she fully knew or had reason to believe that the said flight was sold by the Sheriff of The Gambia by way of public auction.
On count three, she is said to have, with intent to permanently deprive through fraudulence, stolen and sold various parts of Boeing 727-234 SN 2216-55V TPA aircraft belonging to O’ Corporation Company Ltd of Ireland by Sheriff sale to Alhagie Omar Keita when she fully knew or had reason to believe that the said flight was bought by O’ Corporation Company from the Sheriff of The Gambia by way of public auction. She had denied culpability of all the charges.
The case is adjourned to 23rd November, 2016 for continuation of hearing.
by Lama S Jallow