The Criminal Division of the Banjul High Court on Wednesday granted state prosecutors leave to amend the notice of appeal against the acquittal of Austrian nationals Manuel Stofleth di Mitterer and Angelika Mitterer.
The couple was acquitted earlier this year by the Banjul Magistrates’ Court on a charge of disobedience to lawful order, following a criminal complaint by their investment partners Ebrima Solomon Tamba and Marcel Limbertus Teunis van Andel.
Tamba and van Andel had partnered with Mitterer over three years ago to build the K2 Bitcoin Tower in Bijilo the country’s tallest residential block with 31 apartments, a penthouse, underground car park and restaurant.
The partners accused Mitterer of allegedly diverting millions of dalasi from apartment sales, suspecting he was sitting on over six million euros. Police investigations alleged Mitterer admitted investing part of the proceeds in Bitcoin but allegedly refused investigators access to his laptop containing transaction details.
Prosecutors subsequently charged the couple, but the Magistrates’ Court acquitted them.
The state appealed.
In a ruling on October 19, 2026, Justice Ebrima Jaiteh granted the application filed on August 6 by State Counsel A Gibba, allowing the state to file an amended petition of appeal annexed to the application.
“The proposed amendment is intended to place before this court the grounds upon which the appeal is to be prosecuted, thereby facilitating a fair, comprehensive and effective determination of the appeal on its merits,” Justice Jaiteh ruled.
He said granting the leave serves the interests of substantial justice and will not prejudice the respondents, who retain the right to contest the appeal and file appropriate processes.
The ruling paves the way for a fresh legal battle for the Mitterers.
