By Landing Ceesay
A former friend of Aisha Fatty, identified as Counsel Aji Fama Taal Gaye, revealed in court that she purchased gold chains, earrings, and bangles from Fatty valued at Four Hundred and Fifty Thousand Dalasis (D450,000.00).
Gaye provided this testimony as the Seventh Plaintiff Witness (PW7) in the ongoing lawsuit filed by Abdoulaye Thiam (Plaintiff) against Fatty (1st Defendant). Thiam’s lawsuit alleges that Fatty violated their engagement agreement, resulting in emotional distress and public humiliation for him.
Thiam also claims he sent gold to Fatty for business purposes, but did not receive any profits or returns from the arrangement. In addition to the gold, Thiam is demanding the return of two vehicles he had sent to Fatty. The Inspector General of Police has also been named as a co-defendant in the civil suit.
Counsel Gaye, who was once close friends with Fatty before the legal fallout involving Thiam, testified in relation to the gold that was allegedly given to Fatty by Thiam for business purposes.
In her sworn affidavit, which was submitted as evidence, Gaye recounted her interactions with Fatty. She stated that on or around November 5, 2021, she commented on a photo of Fatty wearing a gold chain, which Fatty had posted on her WhatsApp status. In response to Gaye’s compliment, Fatty mentioned that she was selling gold jewelry and invited Gaye to make a purchase if interested.
This testimony forms a significant part of the ongoing legal proceedings.
“The 1st defendant (Aisha Fatty) further went ahead to tell me that the gold she was selling was not known to anyone. it was a secret and even further sent me an audio convincing me to buy the gold as I was pregnant by then and getting ready for my baby’s naming ceremony. This was sent via a WhatsApp audio. I then asked the 1st Defendant if she was really serious about selling the gold and if yes, she should send me pictures via WhatsApp. She informed me she was serious and was selling to serious buyers only.
“Thereafter, the 1st defendant (Aisha Fatty) sent me over fifty pictures of gold chains which she claimed to have in her possession at that time and was expecting another few gold chains and bangles. After a few exchanges of voice messages through WhatsApp the 1st defendant agreed to send me pictures of some of the gold chains she had for sale. I chose a couple of gold chains that I was interested in and sent them to the 1st defendant (Aisha Fatty) as confirmation of the ones I was interested in,” Counsel Aji Fama testified.
In her testimony, the witness recounted that when she inquired if Aisha Fatty needed to place an order for the gold chains, Aisha responded that the gold chains she had sent via WhatsApp were the only ones available at the time.
Counsel Aji Fama added that Aisha informed her she was expecting a few more pieces, and if the payment was ready, she could either deliver them or arrange a meeting to view the gold chains. Additionally, the witness mentioned that Aisha had told her she also had bangles for sale, although she didn’t have photos of them at that moment.
Counsel Aji Fama further testified that Aisha Fatty explained she owned all the gold chains she had sent, but realizing she had more than she needed and wouldn’t be able to wear them all, she decided to sell some of the pieces.
“Sometime on or about in the 7th November, 2021, the 1st defendant (Aisha Fatty) sent me an audio on WhatsApp message telling me that she had checked the exchanged rates and informed me of the current rate by then for the cost of the chain which was about Two Hundred and Eighty Thousand Dalasis (D250,000.00) for the set of gold chains I wanted to buy from her. We exchanged a few messages regarding the price and I requested for a discount which she agreed to by discounting Two Hundred (D200.00.).
I later ignored the 1st defendant (Aisha Fatty) for a while as I thought she was not really serious about the sale of Gold chains, and I proceeded to buy gold chains elsewhere.
“On 7th January, 2022, after I had delivered my baby and was getting ready for the naming ceremony of my baby, the 1st defendant sent me another message on WhatsApp asking if I was interested in the chain and I told her because I did not hear from her, I bought another chain in Dubai. The following day, the 1st defendant (Aisha Fatty) sent me a message again on WhatsApp of a picture of a gold chain teasing me and I liked the chains and instantly got interested in the chain as it was a beautiful set of gold chains,” she testified.
Counsel Aji Fama testified that after repeated requests from Aisha Fatty to purchase a gold chain, she finally agreed to meet her in person to inspect the jewelry. Aisha Fatty had promised to bring a variety of gold items in her possession, offering the possibility that Counsel Fama might find additional pieces of interest.
In court, Counsel Fama explained that she had spoken with Aisha Fatty over the phone and arranged for her to come to her house. A few hours later, Aisha arrived with two suitcases and a bag filled with gold chains and bangles.
During her testimony, Counsel Fama stated that upon closer inspection of the gold chains, she noticed that most of them came with receipts bearing the name of Abdoulaye Thiam, the plaintiff in the case. The receipts were from Bijouterie La Solution and Bijouterie Lahat Kheweul.
“The said receipt was in the name of the plaintiff (Abdoulaye Thiam) and it stated the amount in CFA and the 1st Defendant (Aisha Fatty) said the amount was converted in Dalasis. The receipt also stated the weight of the gold chain.The 1st defendant came with a scale to my house to weigh the gold chain so as to confirm the figures on the receipt and that was done and confirmed. I further bought a gold earring and bangles from the 1st defendant (Aisha Fatty) which were not part of the pictures she sent to me.
“The said earrings and bangles were part of the jewelry I had planned to buy from her as she did not have pictures of them at the time she sent me the set of gold chains. In total I bought a set of gold chains, an earring and bangle from the 1st defendant (Aisha Fatty) and the total amount for the gold jewelries were Four Hundred and Fifty Thousand Dalasis (D450.000.00). I paid the 1st Defendant Three Hundred Thousand Dalasis (D300,000.00) in the presence of my house help, and my husband who handed over the money to the 1st Defendant (Aisha Fatty),” Counsel Aji Fama told the court.
Counsel Aji Fama informed the court that, after a few weeks, she transferred an additional Fifty Thousand Dalasis (D50,000.00) to Aisha Fatty. She also noted that the remaining balance of One Hundred Thousand Dalasis (D100,000.00) was settled by Aisha Fatty’s sister on her behalf while Aisha was traveling, as Aisha had entrusted the money to her sister during her absence.
“I have all the WhatsApp audios and messages of my conversations with the 1st Defendant (Aisha Fatty) regarding the gold I bought from her on my phone. This includes pictures of the gold chains she claimed to have in her possession as well as pictures of the gold chains and earring and bangle I bought from the 1st Defendant. I also have a receipt that accompanied the gold I bought from the 1st Defendant (Aisha Fatty) which was in the name of the Plaintiff from Bijouterie Lahat Kheweul weighing 83gram and 21karat. The said chain was priced at CFA2905000 on the receipt,” Counsel Fama testified.
During cross-examination, Counsel Aji Fama Taal Gaye informed the court that her testimony did not include any statements indicating that the gold chains belonged to Abdoulaye Thiam.
“Counsel you provided a 28 paragraph affidavit of witness statement dated on the 5th of March 2024, is that correct?,” Counsel Lamin S. Camara, the Lawyer representing Aisha Fatty asked Counsel Aji Fama Taal Gaye.
“Yes, it is correct,” Counsel Aji Fama responded.
During the proceedings, Counsel Aji Fama confirmed that she has a clear recollection of the details in the witness statement affidavit.
Counsel LS Camara then inquired, “Is it correct that paragraph 10 of your affidavit of witness statement, you told this court that the 1st Defendant (Aisha Fatty) told you that she owns all the golds?”
“Yes, the 1st Defendant (Aisha Fatty) told me,” Counsel Aji Fama told the court.
“In your entire 28 paragraph affidavit of witness statement, did you mention anywhere that the gold belongs to the Plaintiff, Abdoulaye Thiam?,” Counsel LS Camara asked.
“I can remember stating on my affidavit that after purchasing the gold chain, the gold chain was accompanied with a receipt from La Solution or Lahat solution, I can’t remember but it is one of the two shops in the name of Abdoulaye Thiam. That said receipt is what we used to weigh the gold and convert the currency from CFA to Gambian Dalasis at the then exchange rate,” Counsel Aji Fama told the court.
Dissatisfied with Counsel Aji Fama’s response to his question, Counsel LS Camara requested the court to provide the affidavit of the witness statement to Counsel Aji Fama. The court clerk promptly handed over the statement.
Counsel LS Camara then inquired, “After reviewing the entire affidavit of your witness statement, did you mention anywhere that the gold shown to you by the first defendant, Aisha Fatty, belonged to the plaintiff, Abdoulaye Thiam?”
“No, I did not,” Counsel Aji Fama responded to Counsel LS Camara.
“That is all for this witness my lord,” Counsel LS Camara told the court.
In the matter regarding the WhatsApp conversations between Aisha Fatty and Counsel Aji Fama, which Abdoulaye Thiam’s legal team wishes to introduce as evidence, lead Counsel Lamin A. Ceesay informed the court that they will review the documents before proceeding with their submission.
Counsel L.A. Ceesay stated that Aisha Fatty’s legal representatives were provided with the documents prior to the court’s recess.
In reply, Counsel L.S. Camara confirmed receipt of the documents but indicated that they would object to all the evidence proposed by Abdoulaye Thiam’s lawyers.
“We have Whatsapp text messages. We also have the flash drive but we don’t have the receipts. There is no receipt attached to it,” Counsel LS Camara told the court.
Hon. Justice Ebrima Jaiteh of the High Court of The Gambia has postponed the case until October 30, 2024, when Plaintiff Abdoulaye Thiam is scheduled to provide his testimony.