By Nicholas Bass
State lead lawyer, Lamin Jarjue has argued that Kanifing Magistrates’ Court has the jurisdiction to try all offenses except the anti-money laundering offense.
This was part of his submission when he appeared before Justice Francis Achibonga of Banjul High Court on Monday for adoption of the briefs of argument filed by lawyers in the ongoing anti-money laundering and drug related offenses pressed against four Bissau Guinean nationals.
It could be recalled that the former principal magistrate of the Kanifing Magistrates’ Court Omar Jabang on 17October 2023, granted Paulo Djabi and Nandine Pereira court bail in the sum of D1 Million and as part of the bail conditions, the duo must provide four Gambian sureties in the like sum.
Meanwhile, their alleged associates Mamadu Djabiand Secuna Djabi were each granted bail in the sum of D300,000 and must provide two Gambian sureties as bail conditions.
However, Lawyer Jarjue stated that the lower court lacked the jurisdiction to try money laundering offense.
Lawyer Jarjue pointed out that anti-money laundering is defined under Section 2 noting that it is criminalized in Section 22 of the Anti-money laundering Act 2012.
He claimed that if a person is charged with money laundering it is the high court that should try such an individual.
”In respect to the schedules it referred to the high court and I therefore plead for the court to order for a cost to be awarded to the State against the defense lawyer who made such an application ”, lawyer Jarjue submitted.
But defense lawyer Sherriff M Tembadou argued that the lower court had the jurisdiction to determine whether the accused remain in custody of the National Drug Law Enforcement Agency (DLEAG) or not,noting that the offense on the chargesheet did not carry capital punishment.
Defense lawyer Tembadou also said that Paulo Djabi’s charge on counts 1,2,4,6 and 7 were offenses contrary to Section 33(1) (d),34(1)(b),35(1)(a) and 53 (1) (a) to the Drug Control Act which attracts a sentence upon conviction less than D250,000 and an imprisonment term of not less than ten years, stating that the constitution makes provisions for his clients to enjoy bail.
He stressed that the State should not deprive his clients bail pending the hearing and determination of the matter.
It could be recalled that Paulo Djabi is facing 15 counts of conspiracy, possession of prohibited drugs and money laundering thatinvolves a huge number of Dalasi, Euros, and US Dollars. Paulo’s alleged female associate Nandine Pereira is being tried on conspiracy, possession of prohibited drugs and money laundering while Mamadu Djabi and Secuna Djabi are charged with a single count of conspiracy.
