Mr Frank Boers, a 79 year old Holland national, was last week convicted and sentenced to a fine of D100, 000 in default to serve 2 years imprisonment.

Boers’ swift conviction and sentence followed his plea of guilt to criminal offence of indecent practice, contrary to section 147 of the criminal code cap 10 volume 3 laws of the Gambia 1990. The particulars stated on the one count criminal offence has it that, Mr Frank Boers, in the year 2008, in Banjul and other diverse places in the Republic of The Gambia, committed gross indecency with another male person by exposing his private part and there by committing an offence.

In his plea of mitigation, Boers promised he would never repeat such act in The Gambia, citing the fact that he had not been aware of such an act being a crime in The Gambia. ‘I have been coming to the Gambia for 12 times.’  

He reiterated his promise never to engage in the practice again, begging the court to temper justice with mercy. Principal Magistrate Edrisa Mbai, in handing his judgement, said he had taken note of the age of the convict, and the fact that he had been cooperative with the police through out the trial and also the fact that he had pleaded guilty to the charge without wasting the court’s time.

‘However,’ Magistrate Mbai said, ‘it is rather unfortunate that a man of your age travelled from Holland to The Gambia and engaged yourself in such indecent act. I therefore fine you D100, 000, in default to serve 2 years imprisonment.”  Magistrate Mbai recommended that the convict be deported back to his country of origin at the end of his prison term or payment of the fine.

However, the 79 year old Dutch national told the police prosecutor, ASP Touray, shortly after the court proceedings, that he has no means to pay the fine, and that he would prefer serving his prison term. Asked whether he has no property, relation or if he would not like to contact either the Holland embassy or consular in The Gambia about his plight, he replied in the negative, saying he has no property, nor does he have money or relations in The Gambia to pay the fine.