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Gambia: Omar Ndow Acquitted
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The Daily Observer (Banjul)
29 May 2008
Posted to the web 29 May 2008
Sanna Jawara & Ebrima Jatta
Principal magistrate BY Camara of the Banjul Magistrates Court has acquitted and discharged Omar Ndow, the former managing director of Gamtel, on final charge of disobedient to statutory duty. It could be recalled that the accused was earlier on cleared of count 2, abuse of office.
Handing down his judgement, principal magistrate BY Camara, said the prosecution had called in four witnesses who all adduced evidences and documents were tendered and marked as exhibits, bordering on the contract signed between Gamtel and a Chinese telecommunication company.
On the other hand, he said the called in only one witness, who was the accused person himself, adding that there were indications that series of meetings were held between Gamtel and the Gambia Public Procurement Authority (GPPA) and correspondence documents were tendered in court and marked as exhibits.
The principal magistrate told the court that Gamtel is the procurement organisation and not Mr Omar Ndow as an individual.
"It is the rules of the GPPA that procurement organisations are qualified to deal with the GPPA and not individuals. There is an indication that Gamtel has an approval of the contract with the GPPA," he said, noting that the prosecutor should chase Gamtel and not the accused person as the managing director of Gamtel.
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Principal magistrate BY Camara ruled that the prosecution has failed to prove its case beyond reasonal doubt and against the accused. The court therefore, he continued, discharged and acquitted the accused of all the charges and therefore urged him to leave the court without a blame.
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