Gambia News : Foreign Diplomat Acquitted

Mr. Willem Tako Battema, a foreign diplomat of the United Nations, Mr. Willem E. Wincker, all Dutch nationals and one Momodou Jallow were on Monday 3 march, 2008 arraigned before Magistrate Ayub Johnny Njie of the Brikama Magistrates’ Court.

The trio were dragged to court by the state for allegedly committing criminal trespass and causing annoyance to an officer on duty at the Carnegie Minerals Mining Site located at Sanyang in the Kombo South on 27 February, 2008.

When the case was called, counsel for the accused persons, Lawyer Jobarteh noted that the first accused person (Willem Tako Battema) is a diplomat and that the court is incompetent to try him. The diplomatic passport of Mr. Battema was tendered in court and the latter was accordingly acquitted by Magistrate Njie.

In his testimony a PIU officer Amadou Sanyang said while on duty on 27 February, 2008 at the Carnegie Mineral Mining Site at Sanyang with one Corporal Bojang and Alieu Krubally, the accused persons drove with a vehicle to the said site.

Subsequently, noted the witness, the accused persons took photos of the sand at the site and collected samples of it. Mr. Sanyang noted that the accused persons were approached and questioned and the trio replied that they are from Sanyang Beach and that they are Dutch nationals. He said it was the discharged diplomat who took photos of the sand. Mr. Sanyang said the trio were informed that the site is restricted but the trio told him, that they are unaware of it being restricted. According to Mr. Sanyang he led the trio to his senior, Corporal Bojang and the accused persons were taken to Sanyang Police Station. Sanyang said, his statement was taken at the said police station and that a while Nokia phone N93 camera was used to take pictures of the sand. He recognised the said phone which was tendered and admitted in evidence.

During cross examination of the witness, Lawyer Jobarteh put it to the witness that the defendants were unaware that the site is restricted and that there was no sign board to indicate such. The witness noted that there was a signboards marked danger at the site. The witness agreed with Lawyer Jobarteh that the accused persons at the time of questioning were quite obedient.

Lawyer Jobarteh further told the court, that his client were put in a cell and detained. The two accused persons, other than the diplomat (who was acquitted) had pleaded not guilty and the prosecutor was ASP Camara. They were granted bail in the sum of one hundred thousand dalasis each and the bail bond was signed by Lawyer Jobarteh.