By: Nicholas Bass
The Banjul High Court has issued an order for the release of four Portuguese nationals, who were languishing in DLEAG detention for more than two months without been charged with any offense.
The four Portuguese nationals were arrested by the Gambia Drug Law Enforcement Agency (DLEAG) on allegations of cocaine trafficking.
However, Justice Sheriff B. Tabally last Friday ordered the DLEAG to release them from the State custody.
It could be recalled that anti-narcotics agents attached to the Banjul International Airport on 29 June 2024, reportedly intercepted and arrested four Portuguese ladies namely; Cabral RoelVilma, Tavares Mendes Miriam, Dos Santos Furtado Ana Patricia and Almada Martins SimaraNadiny. They were alleged of trafficking 30 blocks of cocaine, weighing 33 kg and 600g during the departure operations of Barcelona-bound Vueling flight number VY 7575.
The presiding vocational judge Sheriff B. Tabally in his ruling on the application filed by defense lawyer Sheriff Kumba Jobe said that the State prosecutors were duly served but they did not enter an appearance, stating that they neglected to file a response and ”thus this application is uncontested”.
”It is significant to note that there were three principal State counsels in Court when this matter was called and all of them took leave to go out and so they did not participate in this proceeding despite service of the process on the State,”Justice Tabally said.
He pointed out that it is the State’s duty to justify the arrest of the applicants [suspects] in the instant case, adding that the allegation of arrest of the applicants without charge has not been denied or controverted.
”The onus is on them to prove that such arrest or detention was lawful,” he stated.
He said that the court has found out that the applicants “are entitled” to relief sought, including that of their release from detention forthwith. Justice Tabally noted that the court has issued same, considering the fact that the applicants [suspects] have been in detention for over two months without trial and there was no pending charge which is in the interest of justice that they be discharged unconditionally.
”Consequently, it is hereby ordered that the applicants be released from custody of the Drug Law Enforcement Agency of The Gambia and or State unconditionally with immediate effect,” Justice Tabally ruled.
