By: Nicholas Bass
Justice Ebrima Jaiteh of Banjul High Court on 18 November granted the state lawyers to withdraw a powder substance of MDMA in an ongoing drugs and money laundering case levelled against three Bissau Guinean nationals.
When the case was called on Monday, defense lawyer Sheriff M. Tembedou, told the court that Mamadu Neto Djabi was absent due to ill health and pleaded with the court to proceed in his absence.
”In the absence of any objection, I would like the court to proceed with the hearing of the case,” defense lawyer Tambadou pleaded with the court.
At this juncture, the presiding Judge Ebrima Jaiteh said with the consent of both counsels said he shall proceed with the hearing of the case in the absence of Mamadou Neto Djabi, stating that the case was set for the defense lawyer to reply to the state lawyers’ application to withdraw the tendering of the substance sought to be admitted into the exhibit.
In objection to the withdrawal of the powder substance of MDMA, defense lawyer Tembadou said that the prosecution’s first witness, Lamin Y.A Sanneh gave clear evidence of what was contained in the plastic beyond that of what was applied to be tendered, stating that he did not object for the powder of MDMA to be tendered as an exhibit.
Justice Jaiteh, however, in his ruling said when the prosecution applied to tender the alleged substance of MDMA that was in powder form, defense lawyer Tembadou did not object to it, stating that after the prosecution tendered the powder MDMA substance into the exhibit, they sought for it to be withdrawn.
Justice Jaiteh said that the cigarette packet contained substances that were not tendered before the court, stating that the court cannot admit what was not tendered by the prosecution.
Therefore, Justice Jaiteh said that the issue before the court was to determine whether the court should grant the state application that sought to withdraw the tendering of the substance in powder form or not.
” It is the prosecution’s case and they have the liberty to apply to withdraw the substance or even the charges against the accused persons”, Justice Jaiteh said.
Jaiteh further stated that, since the court has not admitted the same into evidence, and the state applied to withdraw, ”in my view is not prejudicial to the defense because the defense has no objection to the tendering of the alleged substance in powder form”.
”I shall grant the application of the state to withdraw to all tendering of the alleged substance. The alleged substance in powder form is hereby withdrawn and returned to the prosecution” Justice Jaiteh ruled.
Meanwhile, the alleged notorious drug trafficker of Bissau Guinean Paulo Djabi, and his alleged female associate Ndadine Ismael De Gou Veira were jointly charged with possession of prohibited drugs and dealing. Paulo Djabi is separately charged with money laundering and currency disclosure while his alleged associate Mamadu Neto Djabi is facing a separate charge of possession of prohibited drugs. Neto Djabi and GouVeira are jointly charged with money laundering.