Solicitor General Elson Kaseke says he made a deal with the Supreme Court not to pursue action against Troy Gabb for the time being well, as they say in the streets, he can 'holla that' because the Commission of Inquiry Chair David Price today told us that he will not be bound by any undertaking given by the Sol Gen. First, Price says Kaseke is not the Commission's Attorney, was not authorized to appear on its behalf, and was not instructed to make such an agreement on its behalf. And moreover, Price says, the prosecution is a criminal matter, and Kaseke gave his undertaking to the court in a civil matter.
Chairman Price says he heard about the Sol Gen's goodwill undertaking on the news and had not been informed that the Sol Gen was even appearing on the Commission's behalf.
Last night we reported that the DFC filed a motion in the Supreme Court asking Chief Justice Abdulai Conteh to clarify whether employees can talk to the Commission of Inquiry without contravening the secrecy clause. The Chief Justice is scheduled to hear the motion early next week. It will be an important clarification because Troy Gabb has maintained that he cannot talk because he is restrained by the secrecy clause of the DFC Act.
The Chief Justice has previously ruled that the commission does have the power to subpoena employees. The interesting thing now is that the criminal prosecution against Gabb, by all outward appearance will proceed, and he may still face charges before Monday.