Muhammed Ahamed Ibrahim Ahamedmale and Hassan Shaaban who maintained that they were innocent were found guilty after a month’s trial.
The two fishermen were arrested on August 28 and arraigned on September 3 at the Banjul court. According to the police prosecutors, on 28 August at about 6:30pm, the two men were found on a fishing trawler in Gambian territorial waters with a prohibited fishing net. They pleaded not guilty. Four witnesses testified for the police prosecutor.
Before they were sentenced, their lawyer, Mustapha Marong, said the zone the convicts were found in “is a lawful zone” adding that the vessel was owned by a Gambian company. “They are first time offenders and they did not pose any challenge to the arresting team, they were very compliant. Twenty Gambian are employed by the vessel,” he said.
But despite the lawyer’s mitigation, Magistrate Dawda Jallow said the convicts’ defence was just a denial of the charge. “The prosecution evidence in this case is direct, positive, cogent and compelling. It must be noted that the accused persons have not led any evidence to prove their assertion that they were using the correct mesh size of 50mm or above. Their defence amounts to bare denial and bare denial of a charge without doing more cannot lend weight to the denial. I therefore hold as I do that the material elements of the offence of using prohibited fishing net which is less than 50mm has been proved and they are hereby convicted,” he said.
However, he ordered that all the properties including the fishing trawler, fishing net, and any other items be released to the convicts.
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