Birk Padberg, a German national was on Thursday 1st November 2007 convicted of child pornography and related offences by Principal Magistrate B.Y, Camara of Banjul Magistrate Court. Mr. Padberg who has been a regular visitor to The Gambia since 1973 was charged with three counts. Count one, conspiracy to effect an unlawful purpose contrary to section 371 (e) of the Criminal Code Cap 10 Vol III Laws of The Gambia 1990. The particulars of the offence states that Birk Padberg, with others, at large in diverse places and dates in The Gambia conspired together to take obscene photographs of themselves and other persons thereby committed an offence.

On count two Mr. Padberg was charged with trafficking obscene photographs contrary to section 15 (9) of the criminal code cap 10 Vol III Laws of The Gambia 1990. According to the particulars of offence, Mr. Padberg on diverse dates and places in The Gambia was in possession of obscene photographs and thereby committed an offence.

On count three Mr. Padberg was charged with child pornography contrary to section 8 (1) (9) of the Tourism Offence Act, 2003. The particulars of the offence states that Mr. Padberg, on diverse dates and places in The Gambia took indecent or naked photograph of Rosaline Meurer and thereby committed an offence.

After the charges were read to Mr. Padberg, he pleaded guilty to all of them. However, Lawyer Jobarteh, the German's defense lawyer, made an appeal. He urged the magistrate that given that his client Mr. Padberg had completely cooperated with the police during the investigation, thereby saving their time and also shown remorse, his client be given the minimum punishment. Lawyer Jobarteh further said that Mr. Padberg has got some expensive and immovable properties in this country and is therefore contributing to the Socio-economic development of The Gambia. On the basis of these facts lawyer Jobarteh pleaded for leniency.

Given Mr. Padberg's health condition as a heart patient, the counsel urged the Magistrate to tamper justice with mercy.

In delivering his verdict, Presiding Magistrate B.Y. Camara fined Mr. Padberg a total sum of twenty five thousand dalasis for the three counts brought against him. For counts one and two he was ordered to pay seven thousand five hundred (D7, 500) dalasis each. Furthermore, Magistrate B.Y Camara told Mr. Padberg that such immoral and indecent acts are totally incompatible with the customs, culture and values of Gambian society. He also told the German that given his frequent visit to this country since 1973, one would have thought that he would also contribute to the building of a brighter future for Gambian children, rather than exploiting them. Magistrate B.Y Camara stressed that although tourists are welcome in The Gambia, irresponsible tourism is not encouraged. He further told Mr. Padberg that he had to thank the brilliant advocacy of his defense lawyer, Jobarteh, for receiving such a fine.