Wednesday, February 1

BREAKING NEWS: TOP POLICE CHIEFS, EX SOLICITOR GENERAL MARENA AND OTHERS NAMED IN AN AIRLINE OWNERSHIP BUSINESS DISPUTE BETWEEN TWO SUDANESE NATIONALS!

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An airline business ownership dispute between two Sudanese business partners is a subject of investigation at The Gambia police Force Fraud Department, Freedom Newspaper has been reliably informed. The probe followed allegations of  fraud allegedly perpetrated by one of the disputing parties. Gasm El Khaliq and Fadul Mohammed Khair Mohammed have been engulfed in a high-profile legal tussle in the United Arab Emirates. The legal tussle premised over financial dispute and ownership of a company called Blue Nile FZE. Blue Nile FZE is a limited liability Sudanese airline company, licensed by the Sharjah airport free zone authority. Fadul has claimed that the company in question is a partnership company, in which he and Gasm each owned 50 percent shares. Gasm has been acquitted on the criminal matter of the case. He has also won the civil lawsuit that was filed against him by Fadul.

Allegations of cash transfers and withdrawals were part of the lawsuit. Gasm was at the center of the alleged accusations.

The Dubai court stated that: “It is noted that as well that all amounts of money spent from the claimant company’s account with Abu Dhabi Islamic Bank were known by the claimant to deal solely with the bank accounts of Blue Nile Company FZE. Most of such accounts belong to the MID Africa Aviation LLC in which the parties to the case are partners and in other companies according to the agreements, transfer of ownership and clearances made between them in Sudan.”

An internet search results suggest that “MID AFRICA AVIATION COMPANY LTD is located in Banjul, Gambia and is part of the Airlines Industry. MID AFRICA AVIATION COMPANY LTD has 46 total employees across all of its locations and generates $5.83 million in sales (USD).”

The company office is located at Phase 11 32a Brusubi, West Coast Region

Brusubi Sukuta Highway, Banjul, Gambia. One Bakary Nyassi, has been listed as the company’s principal contact person.

The claimant is Fadul Mohammed Khair Mohammed, who is responsible for the management of the company. The respondent is entitled to sign the company’s bank account, the Dubai court stated.

The court had declared the following:

  • The consultant report submitted by the victim provided that there were fixed assets purchased from within the compliant company’s moneys being aircrafts, which were registered in the name of another company called MID Africa Aviation Company LLC. The appointed expert does not know how this could be verified, and how assets could be registered for the claimant company which are already registered in the name of another company.
  • It is noted that as well that all amounts of money spent from the claimant company’s account with Abu Dhabi Islamic Bank were known by the claimant to deal solely with the bank accounts of Blue Nile Company FZE. Most of such accounts belong to the MID Africa Aviation LLC in which the parties to the case are partners and in other companies according to the agreements, transfer of ownership and clearances made between them in Sudan.
  • The claimant had not disclosed or explained the nature of contracts made by Blue Nile Company FZE, in his capacity as the General Manager of such company, and from where such amounts of money came, which financed its bank accounts and then transferred to the account of other companies.
  • Upon reviewing the bank accounts of the company, the object partnership between the victim and the accused, it was found that there were bank transfers to their bank accounts with Abu Dhabi Islamic Bank and Sharjah Islamic Bank the venue of which amounted to 130.169.605.75. The nature of such transfers and the reasons thereof were not clear, the thing which is in contravention of the audited balance sheets submitted by the respondent, and the aspects of their imbursement and spending were known.
  • The claimant company, under what previously hereinabove mentioned, had not kept a regular documentary and accounting cycle, and the individual and miscellaneous submitted documents had not expressed the truth. As such, the appointed expert cannot assert that whether or not there were amounts of the money embezzled by the respondent.

Gasm has been listed an accused person in the criminal case brought against him. He was listed (defendant) in the civil lawsuit brought against him Fadul. In the civil matter, Fadul was listed as a claimant.

“The claimant failed to provide a convincing and decisive evidence for the perpetration of the incident, the abject of case, by the accused. The accused determined that he had not embezzled any amounts of money from the claimant saying all the amounts which had been transferred to the plaintiff company are his own moneys, being the one who deposited and withdrew them from the company. Nothing found in the documents indicating the accused’s embezzlement of any cash amounts of money. The documents had not disclosed in whole such thing. The expert’s accounting report had not asserted that whether or not there were amounts of money embezzled by the accused,” the court ruled.

No evidence was adduced that could convince the court to rule in favor of the plaintiff Fadul. Gasm innocence remained in tack according to the court.

“The claimant failed to provide evidence which could have been taken against the accused. The court is not convinced in what has been submitted in such a case, and all of which have evidence established in documents, rather being long and flowing statements do not amount to the rank of evidence under which the accused may be punished. Such statements had become dry stubble which the winds scatter, which mentally and logically unacceptable,” the court further ruled.

“The claimant’s statement do not mount to the rank of evidence and cannot be relied upon or adopted. The criminal judgments must be based on decisive evidences indicating certainty not on guess and speculation. So the claimant’s statements had become dry stubble which the winds do scatter and do not mount to the rank of evidence which may be taken against the accused and convict him. So such statements cannot be relied upon and adopted,” the court stated.

Gasm was acquitted on the criminal charges brought against him. The Dubai court also dismissed the civil suit filed against him by Fadul.

“Thirdly: dismissing the plaintiff’s claim and obligating him to pay fees and expenses in connection with civil section of the lawsuit.

Meanwhile, this medium has been reliably informed that the legal dispute between Gasm and Fadul was a subject of investigation at the police fraud office in Banjul. The Deputy Inspector General of police Abdoulie Sanyang and the Crime Management Coordinator AIG Demba Sowe had onetime ordered for the arrest of Gasm. Gasm was questioned and released.

Gasm is claiming full ownership of the MID Africa Aviation LLC company. He had claimed that Fadul was employed to manage the company for him. But Fadul is claiming joint partnership ownership.

Fadul, we are told is being represented by the Bensouda law firm in The Gambia, while AG Dawda Jallow was Gasm’s lawyer prior to his appointment as Minister of Justice.

MID Africa Aviation LLC owned ten aircrafts, but the aircrafts had been grounded in Sudan. Fadul has been declared wanted by the Sudanese government, according to sources. There is an Interpol red notice on him, our source said.

When the Fadul’s alleged criminal case was forwarded to the Justice Ministry, the former Solicitor General Cherno Marena wasn’t keen at pressing fraud charges against Fadul, our source claimed. Gasm’s fraud accusations against Fadul was ignored.

The top brass at the police headquarters notably DIG Sanyang and CMC Sowe reportedly summoned Gasm for questioning. Gasm was threatened with possible deportation.

Allegations of bribery against certain government officials and the police couldn’t be ascertained during our probe. But what is clear is that The Gambian government hasn’t yet requested for the impounded planes allegedly belonging to Gasm to be released. Gasm has won the Dubai criminal and civil lawsuits.

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