Kemeseng Sanneh (Kexx)
A public health and development specialist Monday testified in the ongoing trial of senior health officials.
Fanta Jatta, a resident of Brufut testified that she has been a board member of HePDO since 2012 and that the board is the governance body responsible for policy decisions. She added that the board deliberates on projects manage by the secretariat.
She further testified that different health projects such as malaria, immunization, tuberculosis, FGM etc, are directed to the secretariat.
She informed the court that the secretariat is headed by the Executive director, while the board is headed by the board chairperson, but members of the secretariat are not part of the board.
“How would the board know that its decisions and directives are being carried out by the secretariat?” DPP Yusuf asked.
“Through updates that are given during board meetings,” Madam Jatta answered.
She testified that the board meets every quarter of the year and that she had at some stage served as the vice chairperson of the board. She added that she later became a board chairperson. She said Balla Kandeh (first accused) was the vice chairperson of the board in 2018 and 2019.
“As a board member, are you aware of any malaria research or studies carried out by HePDO on behalf of the National Malaria Control program of the Ministry of Health specifically in 2018-2020?” asked DPP Yusuf.
“No,” Fanta replied.
“As a board member and vice chairperson in 2018 and 2020, are you aware of any consultancies contract awarded by HePDO to certain consultants; Mahmud Ceesay, Abdou Sallah, Muhammed Sissoko and Basiru Philot?” asked DPP Yusuf
“No,” Fanta answered.
She testified that she maintains a bank account for HePDO in three banks namely Eco Bank (2 accounts) which has a malaria project account, and Access Bank ( 2 accounts) which is the UNICEF fund and TB research programme and BSIC account.
She explained that any activities of HePDO related to malaria projects are deposited into the Global fund malaria account at Eco bank and she, Lamin Manneh, Omar Ceesay (Executive Director) and Balla Kandeh were the signatories.
She added Balla Kandeh and Omar Ceesay were the signatories to the Access Bank Account in respect of TB, while Omar Ceesay was one of the signatories to the UNICEF-related fund.
“The Access bank accounts in respect of TB-related programs and the UNICEF, do you have those account numbers?” DPP Yusuf asked
“I don’t know them off head,” Fanta replied.
Asked whether if shown the account numbers she would be able to identify them, the witness responded positively that the account name, the project name and the account number are on the account.
The document was shown to her (witness) to identify whether it was the account number. However, Defence counsel LS Camara objected to the tendering of the document saying it was not listed on the list of exhibits, nor has it been served on defence. He added that the document is not admissible because it is not in compliance with sections 175 C and 175 B of the Criminal Procedure Code, adding that the document is transgressed with section 24(3) (c ) of the 1997 Constitution.
LS Camara said it is mandatory in criminal litigation to provide the defence with documents the prosecution is seeking to tender and that this practice is in line with fair hearing principle. He said the accused has a legal right to be served with every document in the custody of the state.
He said what the Director of Public Prosecution intends to do is a trial by ambush since he is trying to tender documents that have not been served on the defence. He pleaded with the court to reject the documents.
DPP responded to the objection made by the defence on the admissibility of the accounts of HePDO, but later applied to withdraw the application to tender the list of accounts of HEPDO. Counsel LS Camara did not object to DPP’s withdrawal.
On how the board conducted business, she testified that during board meetings, they review the minutes of previous meetings and adopt them. The executive director gives updates on the projects, staff matters any other issues. She testified that these issues are deliberated on at board meetings and the executive director serves as the secretary and takes minutes.
She added there was an instance where one or two board members were absent, but they were informed through the meeting minutes that were circulated to all board members.
Under cross-examination by Lawyer L.S Camara
“You said Balla Kandeh (first accused) was the chair of the board until 2021, is that correct?” Lawyer L. Camara asked.
“Yes,” the witness answered.
“Did you attend any board meetings under Balla Kandeh’s chairmanship?” Lawyer L. Camara asked.
“No,” the witness replied.
“It is correct that you took over as the chairperson of the board of HePDO after the first chairperson stepped down,” Lawyer L.S. Camara asked.
“Yes,” the witness answered.
“Did you preside over every board meeting?” Lawyer L.S. Camara asked.
“From the time I became a board chair, I presided over every meeting,” the witness answered.
“Do you mean you attended every meeting whilst you were the chairperson?” Lawyer L.S Camara.
“Yes, I have attended all the meetings that I have called,” the witness answered
“You made a police witness statement on 28 June 2024, is that correct?” Lawyer Camara asked
“I am not sure. I think the statement I made was on the 1st of July 2024,” the witness replied.
Lawyer L.S. Camara handed over the statement to the witness to see whether that was her statement. The witness confirmed the statement.
Lawyer L.S Camara put to the witness that she first testified in court on 31 July 2024, and the witness affirmed.
Lawyer L.S. Camara then applied to tender the statement of the witness as a defence exhibit without any objection from the Director of Public Prosecutions; the Court admitted it and marked the statement as defence exhibit D3.
Lawyer L.S. Camara asked whether it is correct that defence exhibit D3 was made 10 days before her testimony in court, and the witness responded positively. Lawyer L.S. Camara asked whether her statements in court on the 8, 9 and 15 July are those contained in exhibit D3. She replied that D3 did not contain everything.
The case adjourned till Monday 22nd July 2024.
