The
Banjul High Court presided over by Justice E.O. Dada yesterday freed the former
Works Minister and Gambian Ambassador to Paris, Ousman Badjie, who was standing
trial on five counts of economic crime and negligence of official duty.
The
state was represented by A.M. Yusuf, whilst L.S. Camara and A. Fatty appeared
for Ousman Badjie.
Delivering
her judgment, Justice Dada after reading the particulars of offence, said the
question was whether Ousman Badjie intentionally committed the offence which
caused economic loss to The Gambia government.
She said the prosecution called three
witnesses, and it was clear that the duty of the head of the mission is the
overall responsibility of the mission.
She
added that the witnesses did not show any responsibility of the accused
attached to the revenue that caused economic loss to the Gambia government.
The
question was whether the prosecution witnesses and the documents tendered in
court by the prosecution were sufficient enough to warrant a conviction.
It
was clear that he (Ousman Badjie) was presumed to be wrongly charged and
proving the alleged charge was on the prosecution.
Justice
Dada said she was of the view that, from the evidence before the court, the
accused person did not commit the crime.
She
said the accused before the court was not Mrs Adele Sock, and it was not denied
that a fraud was committed in the Gambian Embassy in France.
She
said no evidence was shown that Mrs Sock had been charged or even brought to
court as a witness.
“I
am of the view that the prosecution did not prove the case as required by law.
I see it as holding the accused liable for the offence committed by his
subordinate,” she added.
The accused was not found guilty of the five
counts and was accordingly acquitted and discharged, said Justice Dada.
However,
the state counsel A.M. Yusuf said the state was intending to appeal against the
judgment.
Counsel
L.S. Camara said it was his submission that Ousman Badjie should be admitted on
bail now that there was no pending charge against him.
He
said there was no fear that he might abscond because he had presented himself
for trial for two years and, therefore, urged the court to invoke section 99
subs 2 of the CPC.
The
trial judge granted him bail of D10 million with two Gambian sureties.
