William John Joof, commonly known as Willy Joof, former permanent secretary at the Ministry of Foreign Affairs, International Cooperation and Gambians Abroad and one time Gambian ambassador to France, was yesterday, Monday, 30th August arraigned before Magistrate Hillary Abeke of the Banjul Magistrates Court charged with nine counts of criminal offences, contrary to the Laws of The Gambia 1990.

On count one, the accused is charged with official corruption contrary to Section 86 (a) of the Criminal Code Cap 10 Volume 3 Laws of The Gambia 1990. According to the particulars of the offence, the accused, on or about the 5th of July through August 2002, being employed in the Republic of The Gambia as ambassador of The Gambia to France, corruptly received the sum of 15, 000 Euros from one Gerrand Nuss in order to appoint him into the Consular Services of The Gambia and thereby committed an offence.

On count two, he is charged with obtaining goods by false pretence, contrary to Section 288 of the Criminal Code Cap 10 Volume 3 Laws of The Gambia 1990. The particulars of offence stated that the accused, on diverse dates between March and August 2002, being employed as ambassador of the Republic of The Gambia to France, with intent to defraud obtained the total sum of 160, 000 French Francs equivalent to 24, 391 Euros from one Gerrand 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.

On count three, he was charged with stealing, contrary to Section 252 of the Criminal Code. The particulars of offence revealed that the accused on diverse dates between 2004 and 2005, being employed in the Public Service of The Gambia as ambassador of The Republic of The Gambia to France, stole the sum of 15, 000 Euros, property of the delegation of the Republic of The Gambia to Unesco and thereby committed an offence.

On count four, the accused is charged with conspiracy to commit felony contrary to Section 368 of the Criminal Code. The particulars of offence stated that the accused, on diverse dates between April 2004 and 2005, being employed in the Public Service of the Republic of The Gambia as ambassador of the Republic of The Gambia to France, conspired with one Michel Coencas to import in his name but for the benefit of other person(s), a brand new Peugeot 607 (bearing chassis number VF3, 9DXF92111193 and registration number (9186 WWB92) valued at 31, 045.45 Euros with the purpose of evading payment of custom duty liable thereon and thereby committed an offence.

On count five, the accused was charged with goods used contrary to the purpose for which they are imported, contrary to Section 21 of the Customs Act Cap 86 Volume 8 Laws of The Gambia 1990. According to the particulars of the offence, the accused, between April 2004 and 2005, while employed in the Public Service of The Gambia as ambassador of the Republic of The Gambia to France, imported in his name but for the benefit of other person(s), a brand new Peugeot 607 (bearing chassis number VF3, 9DXF92111193 and registration number 9186 WWB92) valued as 31, 045.45 Euros with the purpose of evading payment of custom duty liable thereon and thereby committed an offence.

On count six, the accused is charged for abuse of office contrary to Section 90 of the Criminal Code.

According to the particulars of offence, the accused, between 2002 and 2005, being employed in the Public Service of the Republic of The Gambia as ambassador of the Republic of The Gambia to France, as a sole signatory and for the purpose of personal gain, fraudulently opened and operated a Euro bank account No. 00037292683 with Societe General Bank, Paris Fontenoy, in the name of the delegation of the Republic of The Gambia to Unesco and thereby committed an offence.

On count seven, he was charged with abuse of office contrary to Section 90 of the Criminal Code.

The particulars of offence revealed that the accused, between 2002 and 2005 being 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, fraudulently opened a Dollar bank account No. 00077292295 with Societe General Bank, Paris Fontenoy, in the name of the delegation of the Republic of The Gambia to Unesco and thereby committed an offence.

On count eight, he was charged with abuse of office contrary to Section 90 of the Criminal Code.

The particulars of the offence revealed that the accused, between 2002 and 2004, being employed in the Public Service of the Republic of The Gambia as ambassador of the Republic of The Gambia to France, 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.

On count nine, the accused is charged with abuse of office, contrary to Section 90 of the Criminal Code. According to the particulars of the offence, on or about the 23rd of September 2005, being employed in the Public Service of the Republic of The Gambia as ambassador of the Republic of The Gambia to France, the accused arbitrarily terminated the appointment of Attias Michel as member of the Gambian delegation to Unesco in a manner prejudicial to the interest of The Gambia and thereby committed an offence.

The accused, however pleaded not guilty after the reading of all the nine counts to him. After the plea taking, the defence counsel, L S Camara made an application for the accused to be granted bail pursuant to Section 99 of the Criminal Code which empowers the court to grant bail to any accused person except those charged for offences punishable with death or life imprisonment.

L S Camara submitted that the accused is charged with nine counts of bailable offences, and urged the court to take cognizance of the fact that bail is a sole discretion of the court and should exercise that discretion in favour of the accused. The defence counsel further urged the court to fix the amount for bail in cognizance of the fact surrounding the case, noting that the amount should not be excessive. He advanced that the matter is right for hearing since the substantive charge has been filed and plea has been taken, adding that the investigation into the alleged offence has been concluded.

L S Camara submitted that the accused person cannot interfere with the investigation. He also submitted that there is no possibility of the accused person absconding the jurisdiction, noting that the charges dated back to 2002. He pointed out that the accused person was an ambassador and permanent secretary to various ministries. L S Camara assured the court that the accused will provide reasonable surety to stand for him and therefore urged the court to grant the application for bail.

In his reply, the prosecution, represented by DPP Richard Chenge, DDPP Mikailu Abdullahi and senior state counsel A M Yusuf, objected to the application for bail. DPP Richard Chenge submitted that the application should have been brought in writing to enable the prosecution respond to the factual reason advanced by the defence.

He pointed out that the accused person might interfere with the witnesses in this case, citing the case of Bamaiyi versus the state and stated that the fact that the case started long ago does not mean that the accused cannot escape from justice. The DPP submitted that there is likelihood that more charges will be brought against the accused, which may scare him to abscond. He further advanced that the character of evidence against the accused are so glaring and as such, he urged the court not to grant bail to the accused person.

L S Camara, in his reply on points of law, submitted that the trial court is the court of summary jurisdiction and that it is only the charge that is filed and not the bill of indictment as such, noting that the defence cannot know the name of the witnesses in the case. He also reminded the court that the accused person has no previous charge before the court. In his ruling, the acting Principal Magistrate Hilary Abeke denied the accused bail and ordered that he be remanded in prison pending his trial. The matter was then adjourned to 6th of September 2010 with the consent of both parties.