Chief Magistrate, Omar Cham of the Brikama Magistrate Court has acquitted and discharged, Babucarr Sowe, former Gambia Civil Aviation Authority (GCCA) staff of all charges linked him to disclosure of confidential information to Thomas Cook Tour Operating Company.
On 12th October, 2018, the former Senior Air Transport Officer was arrested by security operatives stationed at the Banjul International Airport on allegations of disclosing classified information to Thomas Cook.
He was subsequently arraigned before the Brikama Magistrate Court on the 20th February, 2020, for the offence of communication of confidential information contrary to Section 4 of the Official Secrets Act Cap 17:1 Volume 4 Law of The Gambia as revised in 2009.
In a marathon trial that lasted for twenty months, the accused person has maintained his innocence by pleading not guilty, while his employees brought over ten witnesses including its director general to prove their case against him.
However, in delivering his judgment before a jam packed courtroom on Tuesday September, 29th 2020, Chief Magistrate Omar Cham acquitted and discharged Babucarr Sowe on grounds of the prosecutions failure to proving their case.
“Given the genesis of the no case answer submission and been premised on a fundamental requirements of the law to require a consent of the Attorney General to commence prosecution, in the opinion of the court the prosecution has failed to prove the requirement element of the offence section 4(11) Official Secret Act to prove a consent of the Attorney General. Therefore, the prosecution has failed to establish a prima facie case against the accused person that is enough to warrant him to enter a defence,” Magistrate Cham ruled.
He added: “To ask the accused to enter a defense implies asking him to prove his innocence. Accordingly, the no case is upheld and consequently the accused is acquitted and discharged forthwith.”
In a telephone interview with The Voice Newspaper, the Former Senior Air Transport Officer at the Banjul International Airport said he feel very proud to be cleared off all charges and allegations, noting that he has never disclosed any confidential information to Thomas Cook Group.
“I feel so elated to be free from all the charges and allegations leveled against me. Though the trial took over twenty months but I feel so proud of being acquitted and discharged of all allegations,” Sowe disclosed.
According to him, the information he relayed to Thomas Cook was only made to keep travelers and visitors coming to the country safe and secure.
