State Prosecutor Buba Bojang has entered into a counter-submission against a no-case-to-answer submission by defence counsel Lamin Camara, in the criminal trial involving Supt Manlafi Sanyang, a former head of Vehicles and Logistics Unit at State House.

In his submission at the Banjul Magistrates Court presided over by Senior Magistrate Kayode Olajubutu, Bojang, who represented the director of Public Prosecution, reminded the court that the accused was facing serious charges (selling a government vehicle without permission and stealing the money realised from the unauthorised sale of the vehicle).

Bojang told the court that the prosecution brought four witnesses and the first was Alagie Conteh, who testified that he had enquired about unused government vehicles that were meant for sale from Abdoulie Kujabi, who directed him to the accused, who, he said had sold him (Conteh) a vehicle packed at Kanifing for D75,000.

Bojang further submitted that the first prosecution witness also said that the accused  gave him transfer of ownership documents and showed him the garage where the vehicle was packed so that he could remove it from there.  

Bojang added that the accused, in Exhibit B, admitted that he sold the vehicle for D75,000, the proceed of which sale, he claimed to have given to Abdoulie Kujabi.

He also added that in Exhibit B, the accused claimed that he got clearance from the secretary general to sell the said vehicle. The prosecutor argued that one does not need clearance to sell any vehicle except those which belong to the government.

"So exhibit B, therefore, is an admission by the accused that he sold the vehicle after obtaining clearance," Bojang told the court. According to Bojang, this shows that the accused knew that he was selling a government property and therefore required clearance.

Bojang further pointed out that the charges against the accused were proven when the second prosecution witness testified that the office of the vehicle controller takes all its instructions from the secretary general and there was no such clearance from the secretary general.

He further submitted that the second prosecution witness testified that government vehicles are sold only through auctions, which are usually conducted by the Department of State for Finance and Economic Affairs, with the vehicle controller serving as a witness.

Bojang stressed that the content of exhibit B proves that there was no such auction during the sale and further, the third prosecution witness also testified on how government vehicles are registered, either with private or GG numbers.

He told the court that only government vehicles are transferred without transfer of ownership documents and there is no such document, except for Exhibit A, which was given to Alagie Conteh by the accused, after the payment of D75,000.

Bojang explained that it was the clarification of the third witness that showed that the Youth Wing was affiliated to the Youth Development Enterprise, otherwise, a transfer of ownership document would have been necessary.

He went on to say that the accused in Exhibit B, alleged that he gave D75,000 to Abdoulie Kujabi, but the forth prosecution witness, who testified that he confronted both Supt Manlafi Sanyang and Abdoulie Kujabi, stated that Supt Sanyang did not query Mr Kujabi’s statement that he did not receive the D75,000.

At that juncture, Bojang submitted that the prosecution had established a prima facie case that requires the accused to explain certain issues raised. He further urged the accused to open his defence.

Magistrate Olajubutu then adjourned the case to June 27 for the defence counsel, who was absent in court, to reply on the points of the law.