Manuel Di Stofleth Mitterer and Angelika Mitterer -Defendants
The criminal case against Manuel Di Stofleth Mitterer and Angelika Mitterer has been adjourned to August 26, 2025, following a prosecution request for additional time to respond to a defence motion seeking the recusal of Presiding Magistrate M. Krubally.
The motion, filed earlier today by Defence counsel Drammeh, contends that Magistrate Krubally should step aside from the case, arguing that the same court that issued the disputed order should not adjudicate on its alleged violation. The defence further asserts that proceeding under the current magistrate risks prejudice and could erode public confidence in the trial’s fairness.
Appearing for the prosecution, Commissioner Sanneh confirmed receipt of the motion and requested seven days to prepare a response, noting that the state reserves the right to reply in writing, orally, or not at all.
The Mitterers face charges of disobedience of lawful orders under Section 109 of the Criminal Offences Act 2025. The prosecution alleges that in July 2025, the couple refused to comply with a court directive requiring them to provide investigators access to their cryptocurrency accounts and related digital assets. Despite a subsequent court order compelling compliance, the accused maintained their refusal, leading to the current charges.
The defendants pleaded not guilty on July 28, 2025. During bail proceedings, the prosecution opposed their release, citing flight risks due to their non-Gambian nationality and alleged attempts to leave the country while in custody. Defence counsel S.M. Tambadou, however, successfully secured bail, emphasizing the accused’s ties to The Gambia, including property ownership and their eight-year-old daughter under a guardian’s care.
Magistrate Krubally granted bail at D100,000 per defendant, requiring each to provide a Gambian or Austrian surety who would surrender identification documents and file an affidavit of means.
Today’s hearing was adjourned pending resolution of the recusal motion. The case will resume on August 26, 2025, following the prosecution’s submission.