By Amadou Jadama
One Muhammed Diarra, a Malian, has been convicted and sentenced to a fine of D2,000 in default to serve one year in prison after being found guilty of attempting to obtain a Gambian passport.
Appearing before Muhammed Krubally of the Banjul Magistrates’ Court, Diarra pleaded guilty and the court ordered the prosecutor to narrate the details.
Inspector Ousainou Touray said on 14th July, Diarra went to the Banjul biometric processing centre and presented a Gambian passport form before the interview panel.
“During an interview, he was asked about his status. While he was explaining, he was detected to be a Malian and not Gambian. He was referred to the immigration intelligence office for further screening. During the screening at the immigration office, the accused was asked to produce a Gambian document but he produced a Malian clinic card, a Gambian identity card, together with a Gambian birth certificate. In the course of the interview, he confessed to being a Malian. Consequently, he was cautioned and charged.”
In his plea of mitigation, Diarra begged the court to temper justice with mercy, saying: “While I am in The Gambia my profession is to play football and things are really hard on me and I want to travel abroad and that’s why I wanted to secure this Gambian passport. This is my first time to commit such an offence, and I will never do it again.”
In passing sentence, Magistrate Krubally stated: “Attempting to obtain a Gambian passport is illegal and contravenes the Immigration Act. However, since Section 32 of the said Immigration Act only vests a maximum fine of D2,000 and or imprisonment not exceeding one year. I will then choose to exercise my statutory discretion to impose a fine on the accused, since he is a first-time offender, I order the accused to pay a fine of D2,000 in default to serve one year in prison. The accused has been informed of his right to appeal.
