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Momodou
Denmark
11739 Posts |
 Posted - 10 Jul 2007 : 19:33:22
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MEN ACCUSED OF DEFRAUDING ASPIRANT MIGRANTS
By Abdou Jeli Keita
Sedekeh Joof and Alasan Joof were on Tuesday 3 July arraigned before Magistrate Lamin George of the Banjul Magistrates' Court, charged with two counts of Conspiracy to commit Felony, contrary to section 368 of the Criminal Code and obtaining money by false pretence, contrary to Section 288 of the Criminal Code Cap 10 Volume 3 Laws of The Gambia.
The particulars of offence in count one state that "on or about the month of May 2007 in the city of Banjul and other places in The Gambia, the accused jointly conspired to commit felony by obtaining an amount of D600,000 from Musa Sillah, Seedy Fofana and seventy others on pretext that he will assist them to enter Spain.
Count two states that Sedekeh Joof and Alasan Joof on or about the month of May 2007 in the city of Banjul and other places in The Gambia, with intent to defraud, obtained D600,000 from Musa Sillah, Seedy Fofana and seventy others by means of false pretence.
Both accused (Sedekeh Joof and Alsasan Joof) pleaded not guilty to the charges preferred against them. The police prosecutor, Inspector Keita, asked the court to adjourn the case for two weeks to enable him bring witnesses to court. Inspector Keita informed the court that the accused persons were each bailed by two Gambian sureties and that they have been reporting to the police station regularly.
In his ruling, the presiding Magistrate, Lamin George, granted court bail to the accused persons, Sedekeh Joof and Alasan Joof, who are required to provide two Gambian sureties with traceable addresses, and that they must sign a bond of D300,000 each. The sureties are also required to be coming to court with the accused persons.
The case is adjourned to a later date in July.
Source: Foroyaa Newspaper Burning Issue
Issue No.79/2007, 9-10 July, 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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lurker
509 Posts |
Posted - 10 Jul 2007 : 19:54:56
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maybe it is time that some more publicity is given to this issue in gambia and not just in europe.
my very good gambian friend's brother drowned on one of these trips.
the desperation to clear off and make it somewhere else may be understandable, but the methodology is odious and transparent.
these traffickers take money and shove you on a boat not fit for a trip down the local stagnant pond in serrekunda and then leave you to drown.
some kind of greater awareness has surely to be brought to the attention of the gambian public to stop them beleiving that their money will get them where they want.
they either drown or get arrested and sent back.
so much for that new life.
who, in the gambian political/civic arena, is responsible for disseminating advice, information and support to these desperate people. |
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jambo
3300 Posts |
Posted - 11 Jul 2007 : 10:54:17
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| these people desvere long sentences and plenty of publicity as a deterrent to others .. yes it is time that the Gambia took repsonsiblity for this crime that is committed on their soil. Too many are drowning, IS THIS NOT MODERN DAY PEOPLE TRAFFICKING, DID GAMBIA NOT LOOSE ITS ANCESTORS TO SLAVERY, LET THIS BE THE BEGINNING OF THE END |
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kayjatta
2978 Posts |
Posted - 11 Jul 2007 : 11:04:10
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| This may not be a slam dunk case. Is it a punishable crime to leave your home country for another country ( even illegally) ?Is it also a crime to try to (or promise to )assist someone travel abroad for a fee ? "Helping someone travel abroad" is a broad and vague term , it does not necessarily involve fraud , does it ? |
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Alhassan
Sweden
813 Posts |
Posted - 11 Jul 2007 : 14:12:57
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Kayjatta,
I am suprised that you have an opinion like this when this case is concerned. Do you want people to risk their lives and money for a very very stupid and risky journey? Nowadays , no one makes it with the illigal boats to Spain or Malta. You have to give proper advise to your people. Would you yourself pay and join these frauders? Would you risk your life just for an illigal journey? If these people cannot give ligal help it is better to lay off. There has been too many deaths already. You must be far away from the reality.
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kayjatta
2978 Posts |
Posted - 11 Jul 2007 : 14:23:33
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| Alhassan , please watch out for my response shortly. I am a little busy right now but I 'll be back. |
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LEMON TIME
Afghanistan
1295 Posts |
Posted - 11 Jul 2007 : 15:19:07
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| kayjatta,we still waiting for your response on this occasion i do agree with Alhassan for once.There are many African lives being lost on this illegal banana boat to paradise. |
There is no god but Allah |
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jambo
3300 Posts |
Posted - 11 Jul 2007 : 15:32:11
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| this is fraud because you are not delivering what you promise to get yo to another place your end destination. Let them give back the money, ask the press to put their pictures in the paper. LET OTHERS BEWARE OF THE RISKS, COSTS AND PEOPLE INVOLVED. |
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Sibo
Denmark
231 Posts |
Posted - 11 Jul 2007 : 16:01:42
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Kayjatta
How can you say that tis is not fraud?????? They did not deliver what they promised, they knew they wouldnīt and couldnīt deliver it when they were promising these people. If thatīs not fraud then I donīt know what is. These people have no ethics and not to mention how heartless they are. This is robbery |
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kayjatta
2978 Posts |
Posted - 12 Jul 2007 : 09:51:27
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Okay I know perhaps I raise a lot of controversy here, but here is my point:
(1) I did not say that there is no fraud here. What i said is that it is not clear whether there is fraud or not. The reason I said that is because the wording of the promise "to assist to enter Spain" is vague, does it mean to help them obtain a passport or visa or arrange a lodging for them in Morocco ? Or does it mean to smuggle them into Spain without travel documents? Unless this issue is further clarified it will be interesting how lawyers can argue the case.
(2)From a contract law point of view , people are free to enter into agreements ( no matter how foolish their bargain is ) as long as the subject of the agreement does not violate any law. If the subject violates a law the courts will rule the contract or agreement unenforceable.Is there a criminal intent here for "human trafficking" ? we would like to see the evidence
Jambo what you have just described is not fraud , that is called a breach of contract. It is a lack of performance. The defendant's, speculatively ,didn't have a chance to perform because the government intervened and arrested them , maybe they would have.Sibo I have not seen any evidence to show that the defendants knew they could not deliver the promise - the courts are going to require that evidence you know that , right?
I fully understand that this matter might appear morally wrong , however law does not always defend morality. Also people need to be smart enough not to expose themselves to exploitation (if that might be the case) no matter how tough conditions in Gambia are. |
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