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Momodou
Denmark
11686 Posts |
 Posted - 06 Nov 2007 : 12:59:16
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German National Convicted Of Child Pornography
By Musa Barrow
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.
Source: Foroyaa Newspaper Burning Issues
Issue No. 130/2007, 5-6 November, 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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serenata
Germany
1400 Posts |
Posted - 06 Nov 2007 : 14:58:42
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Incredible. This wealthy white man probably abused Gambian children since 1973 and is getting away with a fine of only D 25000. 
Where was his heart insufficiency when he took the photos? He was not too ill to abuse children. What is going on with the Gambian judges?
P.S. Is his name really Birk? I don't know this as a German name, only Dirk. |
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Momodou
Denmark
11686 Posts |
Posted - 06 Nov 2007 : 15:24:35
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quote:
Originally posted by serenata
P.S. Is his name really Birk? I don't know this as a German name, only Dirk.
Its most probarbly a spelling mistake and should have been Dirk.
I agree with you that D25.000 (less than 1000 Euro)fine for such a crime is too small.  |
A clear conscience fears no accusation - proverb from Sierra Leone |
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serenata
Germany
1400 Posts |
Posted - 06 Nov 2007 : 16:07:59
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| This ridiculous fine looks like an invitation to paedophiles from rich countries. Is this really the signal Gambia wants to send out? I don't think so. But if crimes like these are really to be compensated with a fine, the amount should be high in relation to the culprit's financial circumstances, not to the average Gambian (Thai, Philippine, etc.) income. |
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LEMON TIME
Afghanistan
1295 Posts |
Posted - 06 Nov 2007 : 16:53:12
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| I say lock him up in Baba Jobe's Hotel and throw the key in the ocean. |
There is no god but Allah |
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mavaric
Turkmenistan
94 Posts |
Posted - 06 Nov 2007 : 18:46:29
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| If he was Gambian, it would have turned out differently... a new breed of bumpster judges are rising.. |
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tapalapa
United Kingdom
202 Posts |
Posted - 06 Nov 2007 : 22:23:24
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SHOCKING
- HE IS NOT EVEN BEING DEPORTED ! NO MENTION OF HIS ASSETS BEING TAKEN AWAY OR COMPENSATION FOR THE VICTIMS
-WHERE DOES HE LIVE ?
TAPA |
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inez
279 Posts |
Posted - 07 Nov 2007 : 18:10:31
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"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"
OMG!!! This lawyer is selling gambian children to rich old men. Better to kick Dirk or Dick or whatever out from the country for lifetime and give all his property to his victims |
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jammin
Jamaica
149 Posts |
Posted - 09 Nov 2007 : 14:14:14
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Wonders never cease.
This German guy admitted to having child pornographic material, for which he was sentenced.
Nowhere were Gambian children photos said to be involved, yet people here are making pronouncement that the goodly judge is "selling Gambian children" and the guy "Probably abuse Gambian children".
Why is it so hard for people to be sensible and stick to the issue?
The issue in this case was, the convict had child porno material.
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Like a colossus He doth bestride the Narrow World |
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mbay
Germany
1007 Posts |
Posted - 09 Nov 2007 : 15:27:47
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 if our authority work intensively without corrupted, surely there will come more disgustful case out.
so much monkeyshine going on with us over there because of our self.
This despicable will not have its end cos of our indigence's ,
Where is the dignity? It was just yesterday in BBC Exclosive about Chadian children abuses case, one lady even collapse when the pictures was showing by the reporter from some of the kids while her own was missing in.
Not even knowing why /what could happen to their children while the promise was to them the kids will find a save heaven with these monsters, What a shenanigans!
these guys have no deter particular in third worlds. |
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serenata
Germany
1400 Posts |
Posted - 09 Nov 2007 : 15:54:50
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| jammin, you are right in the point that Foroyaa didn't explicitly say that the man abused Gambian children. But I think in cases like this it is legitimate to add two and two together: A wealthy toubab is interested in child and adult pornography and visits Gambia regularly. What will he do on his visits? Admire the sunset? Watch the birds and the crocodiles? |
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jammin
Jamaica
149 Posts |
Posted - 10 Nov 2007 : 03:00:36
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In the absence of evidence, there is no adding of two and two together.
Such an addition is merely speculation and assumption and would be a dangerous path to take.
Until a child report abuse, he is innocent. |
Like a colossus He doth bestride the Narrow World |
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inez
279 Posts |
Posted - 10 Nov 2007 : 15:33:46
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quote:
Originally posted by jammin
Wonders never cease.
This German guy admitted to having child pornographic material, for which he was sentenced.
Nowhere were Gambian children photos said to be involved, yet people here are making pronouncement that the goodly judge is "selling Gambian children" and the guy "Probably abuse Gambian children".
Why is it so hard for people to be sensible and stick to the issue?
The issue in this case was, the convict had child porno material.//
Sorry if I misunderstood something here...but since the pictures are taken in Gambia and the case is up in court in the Gambia it is very easy to jump into conclutions... But yet the crime is the same and children are abused if someone takes such a pictures of them, no matter if they are gambian or from other countries. Or maybe the fine was low because the child was european? or his own daughter? I can´t help my reaction since I have children of my own and I can also feel the pain others are feeling when things like this happens. Children were sold by judge in this case. Maybe someone can explain with very simple english what following piece is saying, please help me out here
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.
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Edited by - inez on 10 Nov 2007 17:19:25 |
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jammin
Jamaica
149 Posts |
Posted - 11 Nov 2007 : 16:12:15
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quote:
Originally posted by inez
since the pictures are taken in Gambia and the case is up in court in the Gambia it is very easy to jump into conclutions.
Thanks for making my point.
quote:
Originally posted by inez
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.
The judge PERSONAL feelings again, outside of what was brought out in the proceedings, sexual abuse did not take place. |
Like a colossus He doth bestride the Narrow World |
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gambiabev
United Kingdom
3091 Posts |
Posted - 11 Nov 2007 : 16:50:42
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| There is a BIG difference between looking at pornographic images and acting it out. Some people would say looking at images difuses the need to act out, some would say it disensitises and encouraged acts of abuse. |
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njucks
Gambia
1131 Posts |
Posted - 11 Nov 2007 : 19:02:13
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quote:
Originally posted by jammin
Wonders never cease.
This German guy admitted to having child pornographic material, for which he was sentenced.
Nowhere were Gambian children photos said to be involved, yet people here are making pronouncement that the goodly judge is "selling Gambian children" and the guy "Probably abuse Gambian children".
Why is it so hard for people to be sensible and stick to the issue?
The issue in this case was, the convict had child porno material.
Jammin, i think Momodu /Serenata are right. the judgement is disproportional. i think firstly any foreigner that commits a serious crime in any country should be asked to leave after being convicted and has served his/her sentence.
secondly, i think this new law, the tourism Offences Act was passed specifically to deal to with such crimes, as its very recent.
thirdly he did take pornographic photographs of a child and the text states that it is a crime to do so.about whether gambian children are involved its not very important, all children should be protected.No law in the gambia will make it illegal to harm gambians but legal to harm foreigners!! the point is, its equally possible that Rosaline Meurer who is mentioned in the original text might have a european name but could be gambian! one of her parents could be gambian?
the problem i think was not with the judge but the law! thats probably the maximum fine and the law should be reviewed since the offender seem to be very rich with 'expensive investments'
Gambia passed a Tourism Offences Act last year which clearly states that a person who makes an unlawful sexual advance to a child commits an offence and is liable on conviction to a fine of 20,000 Dalasis (about $688) or imprisonment for a maximum of two years, or both.
regarding investments and immovable properties in the gambia, i think its stupid to even make a link and this should have been dismissed in court. what if these expensive immovable properties are a studio for taking pornographic photgraphs of children?
its like saying a doctor who deliberately kills his patients should not be tried because he has saved many more.
In europe child offenders would never be allowed to live close to a school/surburb with children in the interest of public safety. |
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