By Landing Ceesay
Senior Counsel Lamin S. Camara, representing the first accused, Balla Kandeh, the second accused, Omar Malleh Ceesay, and the third accused, Muhammadu Lamin Jaiteh, objected to the admissibility of the Health Promotion and Development Organization’s (HePDO) bank account details as evidence.
The Director of Public Prosecution (DPP), A.M. Yusuf, sought to tender these bank details through Mrs. Fanta Jatta Sowe, a board member of HePDO.
Mrs. Jatta-Sowe testified about her role and the functions of the board, stating she is a public health and development specialist. When asked if she recognized the accused persons, she affirmed.
“I recognize Balla Kandeh, Omar Ceesay, and the PS (Permanent Secretary) Ministry of Health. I know Balla Kandeh when I was a student at the School of Public Health and then at the Ministry of Health. I know Omar Malleh Ceesay as a colleague at the Ministry of Health and also at HePDO. I know Muhammad Lamin Jaiteh as the Permanent Secretary, Ministry of Health,” Mrs. Jatta-Sowe testified.
“You mentioned that you know both Balla Kandeh and Omar Ceesay at the Ministry of Health, are you a staff member or an employee at the Ministry of Health?” DPP Yusuf asked.
“I was a staff before, but not now,” Mrs. Jatta-Sowe told the court.
When asked if she has any connection with HePDO, Mrs. Jatta-Sowe responded affirmatively.
She told the court that she has been on the board of HePDO since 2012.
“The board is the governance structure of HePDO which is responsible for high-level policy decisions. The board also deliberates on projects, and they manage the Secretariat. We oversee the day-to-day affairs of the Secretariat,” she testified.
Mrs. Fanta Jatta-Sowe explained that the board directs various projects to the Secretariat, primarily focusing on health issues such as malaria, immunization, TB, FGM, and others.
She clarified that the board is led by a Chair, while the Secretariat is overseen by an Executive Director.
Mrs. Jatta-Sowe emphasized in court that the board and the Secretariat are distinct entities.
“How would the board know whether its decisions and directives are being carried out by the secretariat?” DPP Yusuf asked.
“Through updates that are given during board meetings,” Mrs. Jatta-Sowe told the court.
Regarding the frequency of board meetings, Mrs. Jatta-Sowe informed the court that they typically hold quarterly meetings.
Mrs. Jatta-Sowe mentioned that she served as Vice Chair of the Board of Directors of HePDO from 2018 to 2019, and in March 2021, she assumed the role of Board Chair.
She also testified that Balla Kandeh, the first accused, held the position of Vice Chair during 2018 and 2019.
“As a Board Member, are you aware of any malaria research or studies carried out by HePDO on behalf of the National Malaria Control Program of the Ministry of Health, specifically in 2018–2020?” DPP Yusuf asked.
“No,” Mrs. Jatta-Sowe responded to DPP Yusuf.
“As a Board Member and Vice Chair in 2018 and 2020, are you aware of any consulting contracts awarded by HePDO to certain consultants: Mahmud Ceesay, Abou Sallah, Muhammed Sissoko and Basiru Philot?” DPP Yusuf asked.
“No,” Mrs. Jatta-Sowe responded to DPP Yusuf’s question.
When asked whether HePDO has Bank Accounts, she responded affirmatively.
“We maintain accounts with Eco Bank (2 accounts), which have Malaria Project Accounts. Access Bank (2 accounts) one of them is the UNICEF Fund and the TB Research Programme. We have a BSIC account,” she told the court.
“Should HePDO have any activities related to Malaria Projects, where should the fund domicile?” DPP Yusuf asked.
“The Global Fund Malaria Accounts at the Eco Bank,” the witness said.
The witness testified that she, along with Balla Kandeh (the 1st accused), Omar Malleh Ceesay (the 2nd accused), and one Lamin Manneh, was a signatory to the accounts at Eco Bank.
Regarding the bank account related to the TB Research Programme, the witness stated that the signatories were Balla Kandeh (the 1st accused) and Omar Malleh Ceesay (the 2nd accused).
For the UNICEF Account, the witness mentioned that Omar Malleh Ceesay (the 2nd accused) was a signatory, but she could not recall the names of the other signatories.
“The Access Bank Account in respect of the TB Research Programme and the UNICEF, do you have those account numbers?” DPP Yusuf asked.
“I don’t know them offhand,” Mrs. Jatta-Sowe told the court.
The witness stated that she would be able to recognize the individuals if they were shown to her.
She explained that the account name, the type of project (savings), the account number, and a signatory were all present.
The documents were handed over to the witness for identification, and she confirmed them as the Bank Accounts owned by HePDO.
DPP Yusuf then requested to submit the documents as evidence and have them marked as exhibits.
However, Counsel LS Camara, representing the accused, objected to the documents.
Counsel LS Camara argued that the documents had neither been listed nor served on the defense.
“Therefore, the documents are not admissible and are not in compliance with sections 175 C and also 175 B of the Criminal Procedure Code (CPC). Most importantly, these documents are in transgressed with section 24(3) (c) of the 1997 Constitution.
Counsel LS Camara further argued that in Criminal litigation, it is mandatory and constitutes fair hearing principles.
“The accused have a legal right to be served with every document in the custody of the state. What is about to happen here is a trial by ambush by trying to tender documents that have not been served to the defense. We urged the court to reject the documents,” Counsel LS Camara submitted.
The case was then adjourned to the 15th of July 2024 for the DPP to respond to the objection raised by the defence counsel.