The criminal trial of Dr. Badara Loum and Suruwa BW. Jaiteh, ex-permanent secretaries of the Ministry of Agriculture resumed yesterday before Justice Emmanuel Amadi of the High Court in Banjul.

According to the statement of offence, the two are alleged to have wilfully or by omission or recklessly caused monetary loss to a public body contrary to Section 5 (a) of the Economic Crime Decree 1994, Decree No. 16 and punishable under Section 6 of the said Decree.

The particulars of the offence stated that Dr Badara Loum and Suruwa B.W. Jaiteh, as permanent secretaries of the Department of State for Agriculture, between the month of April 2005 and December 2006 being the accounting officers thereof and entrusted with the responsibilities of distributing and selling of 47775 metric tons of NPK and 2,229 metric tons of urea fertilizer valued at D51,480,100.00 willfully or by omission or recklessly handled same and thereby caused loss to the government of The Gambia to the tune of D6,340,845.00 (six million, three hundred and forty thousand eight hundred and forty five thousand dalasis).

Responding to cross-examination, Alieu Saine, a prosecution witness told the court that prior to the arrival of the fertilizerS, he never held meetings with the two accused persons. The witness further told the court that the fertilizers were stored in two places at the GPA and at the old customs stores. The witness revealed that he was in possession of the keys to the stores.

He disclosed that he was part of the people who received the fertilizers upon their arrival at the port, along with other members from the store unit at the Ministry of Agriculture.

Alieu Saine told the court that he was working under the directive of one Hawa Touray, who was his supervisor noting that he was responsible for the dispatch of the fertilizer to the provincial centres under the supervision of Hawa Touray as the head of the unit.

The witness said he was recording the deliveries of the consignment to the provinces and that the records were kept. At this juncture, defence counsel, L.S. Camara requested for the ledger, (exhibit D) which was brought. The witness explained that the deliveries were made in either cash or in credit and the consignment were delivered to the farmers through the District Agriculture Coordinators in the provinces. The witness confirmed that Dr. Badara Loum was the permanent secretary at the time the fertilizers were distributed to the provinces.

The witness revealed that he cannot remember when the fertilizers were procured, and he could also not remember whether Fatou Jasseh-Kuyateh was the permanent secretary at the time of ordering (procurement) the fertilizers. He said he was informed about the arrival of the fertilizers by Hawa Touray who was his immediate boss at the time and he always take instruction from either Hawa Touray or the 1st accused, Dr. Badara Loum.

When asked to give an instance when the 1st accused, Badara Loum gave him instruction, the witness replied that one time, the 1st accused gave him instruction to make delivery to the Kanilai Farms and they were given the relevant documents to dispatch the said fertilizers to the said place.

The witness revealed that as a store keeper he had never had time to reconcile with the District Agricultural Officers in the provinces. He explained that two copies of transport delivery note (DNT) always go with the consignment and the District Agricultural Coordinators will return one copy to show that the delivery has been effected.

The witness said he personally doesnÂ't know the District Agricultural Coordinators at the end of the exercise as he never sat with them for further reconciliation.

The witness told the court that it was Hawa Touray who sometimes gave him instruction to dispatch the consignment to the District Agricultural Coordinators. At this juncture, defence counsel, Lamin S. Camara quizzed the witness that he said in his evidence-in-chief that the fertilizers were meant for cash and carry but under cross-examination, he is saying that he doesnÂ't know whether the fertilizer was meant for cash or credit.

Lamin Camara asked the witness which version he wants the court to believe.

In his reply, Alieu Saine told the court to believe his first version. At this point, defence counsel, L.S Camara requested for exhibit C, a letter purportedly written by the witness, addressed to the permanent secretary.

L.S Camara asked him whether the said document stated tonnage or bags he has received.

The witness revealed that the said document indicated bags, and explained that he wrote the said letter after the end of the exercise. When asked whether he knows the total metric tons he received, the witness replied that he received 139,781 bags and that every 20 bags is equal to a metric ton.

The witness said he was not aware that the NIA was recovering monies from people who bought the fertilizer neither did he know that a substantial part of the money had been paid to the NIA. Hearing continues. Principal state counsel, S.H. Barkun represented the Attorney General Chambers.