By Fatou Sowe
Mr Cherno Marena the solicitor general and legal secretary at the ministry of justice wednesday, August 30, faced the commission of inquiry probing into the financial activities of former President Jammeh.
The appearance of Mr Marena was for him to give testimony in relation to the Carnegie Minerals case against the Gambia Government.
While answering to questions with regard to the said case, Marena said following the termination of the mining license of Carnegie Minerals by the Gambia, they instituted an arbitration proceedings against the Gambia at the ICSID Tribunal.
He informed the commission that the case was decided in favour of Carnegie Minerals and damages were awarded against the Gambia Government as it was held by the tribunal that the license was terminated without legal justification.
He outlined that the government was ordered to the sum of $15, 658, 358 to Carnegie Minerals in breach of the mining license, an interest of $993, 653, and an arbitration cost of $445, 860.
According to him, there was a legal cost of £2, 250, 000 which makes it a total of about $22 millions. However he added, the award to Carnegie Minerals was not paid because the government also instituted another proceedings to annul the award and such proceeding is still pending before the tribunal, as a result of which there is a stay of execution of the award.
Whan asked about what the government seeks to achieve in pursuing this annulment, Marena responded that his ministry is currently reviewing all legal.proceedings the country is involved in and this review will facilitate an informed decision on the issues.
He disclosed that the government was represented by Mayer Brown legal firm, but they were unable to trace evidence of payment of legal cost by the Gambia Government.
He continued that after he got in touch with the lawyer, the 10 invoices that were sent to the office of the president were sent to him. in addition he said the lawyer sent his office an email saying that the legal fees of €971, 000 was paid by one Muhammad Bassi through one of his companies Euro Africa Group.
“Why did Mr Bassi pay the legal fees for the Gambia?” Counsel Amie Bensouda asked. Marena replied “It is also a mystery to me, because this claim was against the Gambia Government so when I got the information that Bassi a businessman paid the legal fees, I was at a loss as to the connection.”
He concluded that Mr Bassi would be in a better position to state reasons why he actually made the payment on behalf of the Gambia Government.
