By: Kebba Ansu
Lawyer Borry Touray, defense counsel for Babucarr Sowe, former Air Transport Officer of Gambia Civil Aviation Authority (GCAA), has urged for his client immediate reinstatement after been acquitted of all allegations levelled against him by the GCAA.
In a letter addressed to the Board Chairman of Gambia Civil Aviation Authority (GCAA) dated 18th November, 2020, Lawyer Borry S Borry, highlighted that the criminal prosecution triggering the illegal sacking of his client ended in his favors and thus called for immediate reinstatement of his client.
“It is my pleasure to bring to your attention that the criminal prosecution which triggered the illegal sacking of my client has ended in his favour. Suffice it to state that the procedures leading to his termination are both unlawful in that the due process of the law was not observed in his termination,” Borry S. Touray said.
Lawyer Touray, dismissed the manner in which his client’s termination was effected, arguing that the termination was conducted even before a competent court of law established his guilt or innocence.
“His termination prior to the decision of the court on his guilt or otherwise was in clear violation of the constitutional presumption of innocence,” defense counsel Touray submitted.
He added: “For all reasons advanced, it is my client’s humble petition that GCAA should review its decision with a view of reinstating him back in to his position and paid him his due arrears.”
Babucarr Sowe, was arraigned before the Brikama Magistrate Court on 20th February, 2019, for offence of communication of confidential information contrary to section 4 of the Official Secrets Act Cap 17:01 volume 4 Laws of The Gambia as revised in 2009.
It could be recalled the former Senior Air Transport Officer, was dismissed from his job on 10th October, 2018 and arrested two days later before his prosecution at the Brikama Magistrate Court at Brikama.
He maintained his innocence throughout the long trial involving eleven witnesses brought by the prosecution as well as the submission of a ‘No-Case to Answer’ by his Lawyer Borry Touray.
However, on 29th September, 2020, Chief Magistrate, Omar Cham delivered judgment in favour of Babucarr Sowe, citing the failure of the prosecution to establish a prima facie case against the accused person that is enough to warrant him to enter a defence.
“To ask the accused to enter a defence implies asking him to proof his innocence. Accordingly, the no case is upheld and consequently the accused is acquitted and discharged,” chief Magistrate Cham delivered in his judgment.
