FOROYAA Newspaper (Serrekunda)

Gambia: Magistrate Abeke Remands Ex-Permanent Secretary, Willy Joof Joof Rejects Criminal Charges Against Him

The former Gambian Ambassador to France and a former Permanent Secretary at the Ministry of Foreign Affairs Mr. William John Joof on Monday pleaded not guilty to the nine count charges preferred against him.

The former ambassador was arraigned before Magistrate Abeke of the Banjul Magistrate's Court by prosecutors at the State Law office.

Lamin S. Camara announced his appearance for the accused person while the Director of Public Prosecutions Richard N Chenge informed His Worship that he is appearing for the State alongside his Deputy Director, Mikalive Abdullah and Am Yusuf.

Lamin S. Camara made an application for bail which he said is based on section 99 subsections 1 of the CPC which gives the Court power to grant bail to accused persons. According to Camara, the accused person is charged with nine counts all of which he said are bailable offences and that the presiding magistrate has discretion to grant bail to accused persons. "However your worship I take cognizance that bail is solemnly with the discretion of the court but I respectfully enjoined your worship to exercise that discretion in favour of the accused person" Camara submitted. He further explained to the court that section 99 sub-section 2 has enjoined His Worship to fix the amount of bail with due regard to the offence of the case and shall not be excessive such as to tantamount to denial of bail.

He submitted that the matter is for hearing because there is a substantive charge before the Court to which a plea had been taken. "A substantive charge can only come when investigations are concluded and therefore there is no absolute holding charge before the Court and that it cannot be said that accused will tamper with any investigation' said Camara.

He further indicated that in regard to the status of the accused person in the country there is no possibility for the accused to abscond because the charge is referring to as far back as 2002 and if the accused had wanted to flee, he could have gone since then. Counsel Camara revealed to the Court that his client was an ambassador and as well as P.S to various Ministries in the country. He added that the accused has adequate sureties who are willing, able and ready to stand as sureties for the accused person. "Your worship I respectfully urge this court to grant bail to the accused person" Camara submitted.

R.N Chenge (DPP) objected to the application for bail by counsel Camara and urged that the defence counsel puts his application in writing to enable them to respond to it.

He added that one of the basic reasons for opposing bail is that there is probability that the accused person will interfere with the prosecution witnesses.

Magistrate Abeke at this juncture told the state counsel that it is unnecessary for the application to be written, but that it can be done orally.

R.N Chenge further submitted that despite the fact that the charge refers to matters that happened long ago as stated by the defence counsel, it does not mean that the accused cannot escape justice and that there is the likelihood that more charges will be brought against him.

According to the DPP another reason for objecting to the application for bail is that the evidence is very strong and could be tampered by the accused person and more likely for him to escape justice. "I strongly apply for the accused person to be remanded in prison custody and not to be granted bail" R.N Chenge submitted.

Counsel Camara argued that the accused cannot tamper with their witnesses and that the Court is a Court of summary trial, adding that the list of witnesses is not in the charge sheet and that it is mischievous and misleading.

"We have added two new charges to the previous one" said the state counsel. But Camara quickly objected to that statement by saying that there is no previous charge before the Court against the accused person. The DPP intervened and said that Camara should reply on points of law rather than arguing based on facts Defence Counsel Camara further argued that if there was a previous charge, there should have been a substitution, adding that it is his responsibility to rectify matters.

The trial magistrate ruled that he has carefully listened to the counsels on issues touching on the possibility of not tampering with the case by the accused person and the state counsel's application for not granting the accused bail.

He added, "I have considered all factors and the accused will not be granted bail. However he has the right to apply for bail at the High Court of justice." He ordered for the accused to be remanded in prison custody. The case is finally adjourned to Monday the 6th of September 2010 for hearing". The statement of offence on count one states that Official Corruption contrary to section 86 (a) of the Criminal Code Cap 10 Vol. III Laws of The Gambia 1990Particulars of offence on count one state that William John Joof, on or about the 5th of July to August 2002 being employed in the Public Service of The Gambia as Ambassador of the Republic of The Gambia to France, corruptly received the sum of Euro 15,000.00 (Fifteen Thousand Euros) from one Gerrand Nuss, in order to appoint him into the Consular Services of The Gambia and thereby committed an offence.

Count two Statement of offence indicate that the aforesaid person

Obtaining goods by false pretences contrary to Section 288 of the Criminal Code Cap 10 Vol. III Laws of The Gambia 1990 Particulars of offence on Count two states that

William John Joof, on diverse dates between March and August 2002 while employed in the Public Service of The Gambia as Ambassador of the Republic of The Gambia to France with Intent to defraud you.-obtained the total sum of 160,000.00 French Francs equivalent to 24, 391 Euros from one Gerrard Nuss, on the pretext that the said amount is required for his appointment into the consular services of The Gambia and thereby committed an offence.

Count three Statement of offence states that Stealing Contrary to Section 252 of the Criminal Code cap 10 Vol. III Laws of The Gambia 1990 Particulars of offence on count three states that William John Joof on diverse dates between 2004 and 2005, while employed in the Public Service of The Gambia as Ambassador of the Republic of The Gambia to France, you stole the sum of Euro 15,000.00 (Fifteen Thousand Euros) property of Delegation of the Republic of The Gambia to UNESCO and thereby committed an offence.

Count four Statement of offence

Conspiracy to commit felony contrary to section 368 of the Criminal Code cap 10 Vol. III Laws of The Gambia 1990.

Particulars of offence on Count four states that William John Joof , on diverse dates between April 2004 and 2005, while employed in the Public Service of The Gambia as Ambassador of the Republic of The Gambia to France conspired with one Michel Coencas to import in your name but for the benefit of other person (s), a brand new Peugeot 607 (bearing Chassis number VF3, 9DxF92111193 and registration Number 9186 WWB 92) valued at 31,045.45 Euros with the purpose of evading payment of custom duty liable thereon and thereby committed an offence.

Count five Statement of offence indicates that Goods used contrary to the purpose for which imported

Contrary to Section 21 of the Customs Act cap 86 volume 8 Laws of the Gambia 1990 Particulars of Offence on count five states that

William John Joof between April 2004 and 2005, while employed in the Public Service of The Gambia as Ambassador of the Republic of The Gambia to France you imported in your name but for the benefit of other person(s) a brand new Peugeot 607 (bearing Chassis number VF3, 9DxF92111193 and registration Number 9186 WWB 92) valued at 31,045.45 Euros with the purpose of evading payment of custom duty liable thereon and thereby committed an offence.

Count six Statement of offence Abuse of office Contrary to Section 90 of the Criminal Code cap 10 Vol. III Laws of The Gambia 1990

Particulars of offence on count six states that William John Joof, between 2002 and 2005 while employed in the Public Service of the Gambia as Ambassador of the Republic of The Gambia to France, as sole signatory and for the purpose of personal gain, you fraudulently opened and operated a Euro Bank Account No. 00037292683 with Societe Generale Bank, Paris Fontenoy, in the name of Delegation of the Republic of The Gambia to UNESCO and thereby committed an offence.

Count seven statement of offence indicates that Abuse of office contrary to section 90 of the Criminal Code cap 10 Vol. III Laws of The Gambia 1990 Particulars of offence on count seven states that William John Joof, between 2002 and 2005 while employed in the Public Service of the Gambia as Ambassador of the Republic of The Gambia to France, as sole signatory and for the purpose of personal gain, you fraudulently opened a Dollar Bank Account No. 00077292295 with Societe Generale Bank, Paris Fontenoy, in the name of Delegation of the Republic of The Gambia to UNESCO and thereby committed an offence.

Count eight statement of offence:

Abuse of office contrary to section 90 of the Criminal Code Cap 10 Vol. III Laws of The Gambia 1990 Particulars of offence on count eight states that the accused William John Joof, between 2002 and 2004 while employed in the Public Service of The Gambia as Ambassador of the Republic of The Gambia to France, you arbitrarily terminated the appointment of Coencas Michel as member of Gambian Permanent Delegation to UNESCO in a manner prejudicial to the interest of The Gambia and thereby committed an offence.

Count nine statement of offence Abuse of office contrary to section 90 of the Criminal Code cap 10 Vol. III Laws of The Gambia 1990 Particulars of offence on count nine states that William John Joof, on or about the 23rd of September 2005, while employed in the Public Service of the Gambia as Ambassador of the Republic of The Gambia to France, you arbitrarily terminated the appointment of Attias Michel as member of Gambian Permanent Delegation to UNESCO in a manner prejudicial to the interest of The Gambia and thereby committed an offence.


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