Police Prosecutor ASP Bojang has made a counter-submission, indicating that the former Gamtel Managing Director has a case to answer in a criminal trial at the Banjul Magistrates Court.

Omar Ndow is charged with two counts of disobedience to the statutory duty and abuse of office.
As the proceedings of the trial resumed yesterday before Principal Magistrate BY Camara, the prosecution alleged that Mr Ndow should be given the chance to explain himself on charges levelled against him.

In his reply to the submission of no case to answer by defence counsel, Sheriff Tambedou, ASP Bojang urged the court to allow the defence counsel to proceed with its case.
“The accused has a case to answer. I submit that the court disallow the submission of the defence on no case to answer in order for him to open his case,” he said.

ASP Bojang backed up his submission, recalling that the prosecutor called in four witnesses; three from Gamtel and one from the police who took cautionary statements from the accused person.
“The prosecution has discharged the burden of proof as required by the principle of law that the burden of proof in a criminal case lies on the prosecution from start to the end of the case. It is now the duty of the defence to open their case,” he said.

The police prosecutor urged the court to disregard claims by the defence counsel with regards to the consent of the AG on count II (abuse of office).
“Fiat or consent of the AG was given before the case proceeded,” he said. He then supported his submission with the application of a letter communicated between the AG Chambers and the IGP, which was tendered in court and marked as an exhibit.

ASP Bojang then made reference to different sections of the GPPA Act, the cautionary statement obtained from the accused, Omar Ndow, evidence given by the four prosecution witnesses, and other laws of The Gambia.
At that juncture, Presiding Principal Magistrate Camara adjourned the case to December 3 to enable the defence counsel to go through the reply by the prosecution. Magistrate Camara declared that the ruling on the submission will be deferred, depending on whether the defence will make any response to the reply by the prosecutor.