Bitcoin Tower Case Collapses as Court Acquits Austrian Developers, Orders Return of Passports and Seized Property

Written by: Seringe S.T. Touray

After nearly a year without their passports and months of criminal proceedings hanging over them, Austrian developers Manuel Di Stofleth Mitterer and Angelika Mitterer have been discharged and acquitted by the Banjul Magistrates’ Court, which has ordered the immediate return of their passports, laptop, cryptocurrency devices and other seized property.

The Fatu Network was in court today when Principal Magistrate Muhammed Krubally ruled that prosecutors had failed to establish a case against the Austrian couple on charges of disobeying a lawful court order.

The criminal proceedings arose from a police investigation linked to the wider fallout surrounding the Bitcoin Tower and The Edge developments. Investigators sought access to a laptop, cryptocurrency accounts and related devices as part of inquiries connected to complaints arising from the dispute.

Prosecutors alleged that Manuel and Angelika had failed to comply with a court order requiring them to provide access to the laptop and cryptocurrency-related information.

However, after examining the evidence, the court found that the prosecution’s own witnesses had repeatedly confirmed under cross-examination that the laptop had been opened, passwords had been provided and cryptocurrency-related devices had been handed over to investigators.

The ruling highlights admissions by prosecution witnesses that the accused had opened the laptop after consulting their lawyers and had supplied devices linked to the cryptocurrency accounts. The court further questioned why investigators were unable to access certain information if the accused had already complied with the requirements set out in the order.

Principal Magistrate Krubally found that the prosecution had failed to prove its case and proceeded to discharge and acquit both accused persons.

In practical terms, the court found that the prosecution’s evidence was so weak that Manuel and Angelika were not even required to present a defence before the case was dismissed.

The ruling also brings immediate relief for Angelika, whose lawyers recently applied for the temporary release of her passport to facilitate urgent medical treatment abroad.

Ahead of Monday’s hearing, Angelika’s legal team had already written to Inspector General of Police Seedy Muctarr Touray regarding her medical condition and need for treatment overseas. When prosecutors requested supporting evidence in court, the defence produced a medical certificate together with an English translation.

Following the court’s decision, Angelika’s passport was ordered to be returned to her immediately to facilitate travel for surgery.

In one of the most striking observations in the ruling, the magistrate criticised the prolonged retention of the couple’s passports and property.

“The retention of the passports and properties for almost one year is unreasonably long,” the court observed.

The magistrate further held that the continued retention of the documents and property amounted to a restriction on the couple’s constitutional right to freedom of movement.

The court subsequently ordered the return of all items held in connection with the matter, including passports, the laptop, cryptocurrency devices, bags, security bonds and any other property remaining in police custody.

“They are free forthwith,” the magistrate declared.

However, despite the court’s order that Angelika’s passport be returned “with immediate effect”, the document had not yet been handed over by the time the parties left court.

Manuel told The Fatu Network that the couple had been asked to report to the office of Inspector General of Police Seedy Muctarr Touray on Thursday morning regarding the matter.

The ruling closes a chapter that saw the Austrian couple spend months under criminal proceedings while their passports, laptop and other property remained in state custody. Today, the court ordered those items returned, acquitted both accused persons and declared them free forthwith.

The wider Bitcoin Tower and The Edge dispute, involving competing allegations between the Austrian investors and businessman Ebrima Solomon Tamba, continues through other legal and commercial proceedings. Mr Tamba has previously denied wrongdoing and disputed allegations made against him.