By: Ousman Saidykhan
Saihou Drammeh and Lamin Gassama, former General Manager and former Operations Manager respectively of Gam-Petroleum, have both been acquitted and discharged by Justice Roche of the Banjul High Court for lack of prima facie evidence in respect to all the 8 counts levelled against them.
“In the interest of clarity, and to conclude, the accused persons are hereby acquitted and discharged on all 8 counts in the absence of prima facie evidence to support a conviction on same,” Justice Roche in a ruling that took her over two hours on Thursday, 28th July 2022.
This came after the lawyers of the accused persons brought their “no case to answer submission” which was objected to by the prosecution citing section 3(2)(a) of the economics crimes which says “the court shall hear all evidence by the prosecution and or on behalf of the accused.” His objection was overruled giving way to the defence in their arguments.
On all 8 counts, the seasoned judge said the prosecution failed to provide prima facie evidence, “evidence upon which a reasonable tribunal properly directing its mind on the law and evidence will convict the accused if no evidence or explanation was set up by the accuse.”
The accused persons were jointly charged with economic crimes amongst others but the Judge ruled that there is no evidence to show that the accused persons’ actions or inactions resulted in economic loss to the Government of the Gambia, saying the prosecution was just relying on conjecture.
Twelve prosecution witnesses were called to testify in the case, some of whose evidence according to the Judge was contradictory. Specific evidence is that of PW7 on count 2. “In this case, the only evidence before the court regarding this count is the glaring, totally contradicted evidence of PW7 under cross-examination,” said Justice Roche.
Saihou Drammeh and Lamin Gassama were both arrested in October 2021 in connection to, among other things, an alleged missing twenty million dollar ($20, 000,000) worth of fuel products at the Gam-Petroleum Company depot, in Mandinary.
