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Gambia: In Senegalese Customs Officers' Case Court Urged to Acquit And Discharge the Accused

Antouman Gaye, the lead defence counsel in the ongoing criminal case against the five Senegalese Customs officers, has urged the court to acquit and discharge the accused persons.

The officers, comprising Serign Ngum, Pape Drammeh, Saidou Cham, Yusu Jobe and Alieu Cham, have been standing trial on charges of violating laws on The Gambia's territorial waters and for being in possession of firearms.

In his submission at the Kanifing Magistrate Courts yesterday, presided over by Magistrate Pa harry Jammeh, Defence Counsel Gaye said the arrest and detention of the men tantamounts to "impeding the sovereign immunity" of Senegal, on grounds that the vessel on which the accused were arrested belonged to the Senegalese government. He then forwarded two documents from the Senegalese High Commissioner, identified as the copy of a letter written to the Department of State for Foreign Affairs and a certificate, proving that the vessel belonged to the Senegalese government. The two documents were then marked as exhibits.

Mr Gaye told the court that both Senegal and The Gambia enjoys "sovereign immunity" recognised both parties, which according to him, serves as the premise for the exchange of ambassadors.

He observed that the charges against his clients cannot be maintained at any court in The Gambia. He said, going by Article 27 of the UN Convention on the Law of Sea 1982, The Gambia cannot provide criminal jurisdiction for foreign own vessel that traversed its rivers. He further urged the court to set aside the charges and acquit and discharge the accused persons.

Holding brief for State Counsel Marley Wood, Ms NB Jones-Nebo, said Lawyer Gaye "primarily" based his argument on the international law, acknowledging that she has taken judicial notice that the case was adjourned for cross-examination. She then urged the court to grant her an adjournment in order for her to cross check and respond to the authorities cited by the defence counsel.