Three Ministry of Health personnel are on trial for corruption; one of them, Corporal Sheriff S. Corr, is a member of the Fraud Squad of the Gambia Police Force.

Mr. Balla Kandeh (the first accused), Mr. Omar Malleh Ceesay (the second accused), and Mr. Muhammadou Lamin Jaiteh (the third accused) are the accused people from the Ministry of Health.
Corporal Corr reported to the court that he knew every defendant in the current case. He also informed the court that the Ministry of Health’s January 2023 complaint letter served as the basis for the inquiry. The letter asked for an investigation of an audit report on the National Malaria Control Program that covered the period from October 2018 to December 2019 and purportedly showed GMD 11,470,023 in abuse of Global Funds funds.

Corporal Corr explained to the court that the alleged ineligible expenditure of Global Funds grants in the amount of GMD 11,470,023 was discovered through an audit report on the National Malaria Control Program from October 2018 to December 2019. The Ministry of Health had sent a complaint letter requesting an investigation into this matter in January 2023.
Corporal Corr said that diary notes were swiftly taken upon receiving the letter at the Fraud Squad, and a three-person panel was formed to look into the claims of corruption.

The defendants were then officially called before the Fraud Squad at Police Headquarters in Banjul to provide an explanation for the developing problem.

According to Corporal Corr’s explanation in court, the accused were presented with the charges straight away when they arrived at the Fraud Squad.
Corporal Corr further said that he, Corporal Sheriff S. Corr, and Corporal Modou Gaye were members of the investigating panel headed by Inspector Bakary Drammeh.

It was said that Corporal Modou Gaye was now working in the UN Mission in Darfur, South Sudan, and that Inspector Bakary Drammeh had been sent to the Manjai Police Station.

In light of these events, Corporal Corr reported to the court that the accused people later provided statements.

“During the inquiry, it was discovered that the Ministry of Health had been awarded a grant of USD 13,000 in 2018, with the intention of ramping up malaria control from that year until 2020. The Ministry of Health called HePDo to carry out the aforementioned tasks when it came time to put them into action.

But to find out whether the studies were carried out in all parts of the Gambia, the panel set out on a nationwide journey. If so, to locate and communicate with field workers and Regional Health Directorates who participated in the aforementioned survey,” Corporal Corr informed the court.

Corporal Corr said that HePDO had been assigned the responsibility of supervising the survey when questioned about the organization in charge of carrying out the research or survey.
The corporal said that HePDO was recognized as the organization carrying out the research when they were touring the nation.

He went on to explain that HePDO was supposed to employ consultants, and in fact, Muhammad Sissoho, Basiru Phillott, Abou Sallah, and Mamout Ceesay were hired based on documentation from HePDO.

Corporal Corr swore in court that the papers were contracts between HePDO and the consultants in question.
Corporal Corr was questioned by Counsel AM Yusuf, Director of Public Prosecution (DPP), “If you see those contract documents, would you identify them?” Corporal Corr said, “Yes.”

Corporal Corr informed the court that the names of the consultants were in the papers when he was questioned about how.
Corporal Corr was handed the contract paperwork to identify them, and he testified in court that they were the documents.

DPP Yusuf submitted an application to submit the records as proof.

Nonetheless, the defense counsel for the defendants, Counsel Lamin S. Camara, objected to the papers being admitted into evidence.

Attorney LS Camara argued that the papers were photocopies rather than originals and that the prosecution, under DPP Yusuf’s direction, had not provided sufficient justification for their introduction into evidence.

Counsel LS Camara further pointed out that the papers were only photocopies and that no certifications were attached.

DPP Yusuf replied that they do not have the original copies of the papers and that they have since filed a notice to produce, requesting that the defense provide the original copies.

In response, Attorney LS Camara disputed, claiming that it was impossible for the accused to have the papers. LS Camara said that the defendants are being prosecuted as private businesses, and the materials came from HePDO.

LS Camara highlighted that the institution, not the accused, is in responsible of providing the original copies of the papers, highlighting HePDO as the custodian.

Rather of providing the accused with a notice, Presiding Judge Hon. Justice Ebrima Jaiteh suggested sending a summons to HePDO to get the papers. Hon. Justice Jaiteh was agreed upon by both the Prosecution and the Defense.

Hon. Justice Jaiteh then ordered HePDO to provide the court with the original paperwork related to the agreement they had with their consultants.
The case was postponed to December 11, 2023, in order to allow for more development.

Context of the Case

Nineteen counts are brought against Mr. Balla Kandeh, the first accused, Mr. Omar Malleh Ceesay, the second accused, and Mr. Muhammadou Lamin Jaiteh, the third accused.

Section 86(a) of the Criminal Code, official corruption; failure to fulfill statutory duties under Section 115 of the Criminal Code; conspiracy to commit a felony under Section 368 of the Criminal Code; and two counts of economic crimes as defined by Section 5(a) of the Economic Crimes (Specified Offences) Act, cap 13:07, punishable under Section 6(1) of the Economic Crimes (Specified Offences) Act are among the charges brought forth by the State.

In addition, the accused are charged with five counts of theft in violation of Section 252 of the Criminal Code and eight charges of forgery as specified in Section 318 of the Criminal Code.

During their time at the Ministry of Health, these people are accused of embezzling and stealing a significant amount of D24,313,332.26 (Twenty-Four Million, Three Hundred and Thirteen Thousand, Three Hundred and Thirty-Two Dalasis Twenty-Six Bututs). They further allege that during their tenure at the Ministry of Health, they stole USD 59,256.00, or D3,901,829.83 (three million, nine hundred and one thousand, eight hundred and twenty-nine dalasis, and eighty-three bututs).