The German ambassador to The Gambia H.E Klaus Botzet has hinted that his involvement in the legal case of two Austrian nationals was informed by the need to protect the interests of Germans in the Gambian territory.
The German diplomat this week sparked intense debate in some quarters as to how far accredited foreign diplomats could go when it comes to the enforcement of domestic laws vis-a-vis citizens’ rights and rights of non-citizens.
Ambassador Botzet stands accused of diplomatic overreach when he reportedly tried to strongarm the Gambia’s police chief into dropping a legal charge against Austrians Manuel Di Stofleth Mitterer and his partner Angelika Mitterer.
The duo is currently undergoing trial at a lower court in the Gambian capital, Banjul for allegedly disobeying a lawful order.
Mr. Mitterer and his partner ran into troubled legal waters late last year when his business partners Ebrima Solomon Tamba and Marcel Lambertus Teunis van Andel suspected Manuel of diverting millions of dalasi of proceeds of their investment to cryptocurrency trading.
The police invited the Stofleths and in the ensuing probe, Manuel admitted to having invested the proceeds from the holiday apartments in Bitcoins.
However, an effort by the police for him to allow them to access the details of the transactions stored in his laptop computer could not bear fruit.
Consequently, the police slapped disobedience of lawful order charges against him. Angelika was also charged.
The German ambassador to The Gambia admitted to JollofNews that he indeed met the Gambia’s police chief, but he kept the details of the meeting close to his chest.
When asked whether it was true that he engaged the inspector general of police this week, regarding the legal troubles of the Stofleths, ambassador Botzet replied: “I was at the police headquarters. I had a conversation with the inspector general of police. That’s correct. As this conversation was private, I would not make any public comment about it.”
Further asked as to whether his private conversation with the police chief revolved around the case of the Austrians, the German diplomat responded, “I do not make any details about my conversation with the Gambian government/public. It’s a private conversation and this investment company [Bitcoin Tower] has a lot of German investors that you may probably know. But I would not make any comment about the conversation I had with the inspector general of police.”
“Your Excellency, but do you feel it’s normal to comment on the substance of an active case, on an active legal battle?” asked this author.
“I’m not making a comment as you will hear,” replied ambassador Botzet.
“I mean your conversation with the Gambia’s police chief because your concern is that you have a lot of German investors…”
“Mr. Darboe, Mr. Darboe…when I say I do not make any public comment about this, I do not make any public comment. As far as I am informed, Mr. Stofleth Mitterer has two court orders in his favour. So, why do you think this is an open case, I do not know. But I would not make any public comment about the conversation,” the German diplomat responded.
JollofNews can report that contrary to the ambassador’s assertion, Mr. Stofleth lost two court rulings last year and one ruling this year.
The Banjul Magistrates’ Court last year ruled that he and his partner must be prosecuted for disobeying a lawful order following pre-trial arguments between the prosecution led by AIG Sanneh and defense team led by senior counsel Ida Drammeh.
The Kanifing High Court also ruled late last year against Stofleths bid to bar Tamba and Andel from participating in the management of the Bitcoin Tower. Tamba and Andel each owned 35% of the shares while Mitterer owned 30%, which was reportedly given to him for his technical expertise and marketing of the apartments off-plan.
