By: Nicholas Bass
Justice Ebrima Jaiteh, of the High Court in Banjul on Monday granted leave for an alleged female drug trafficker to travel to Portugal for Christmas.
The presiding Judge recalled that the court ordered for Nadine Ismael De Gouveira Pareira’s Christmas leave was based on a motion of notice dated and filed on December 10, 2024, which was supported by a 17 paragraphs affidavit sworn to by the accused, Nadine, herself.
Justice Jaiteh stated that the state (respondent) in a 16-paragraph affidavit in reply that was sworn to by Yassin Senghore dated December 13, 2024, opposed the defenseapplication.
The trial judge in his ruling stated that the defense lawyer Sheriff M. Tambadou in submitting his client’s application urged the court to grant his client’s application, adding that the defense lawyer Tambadou affirmed that his client is willing to come back and defend the charges levelled against her.
The court revealed that defense lawyer Tambadou presented one Saikou Conteh as a surety to her client, Nadine, adding that it was a sign of his willingness to forfeit his bail bond of D5 million to the state in the event the accused failed to appear in court on the next adjourned date.
” The state is concerned that if the applicant (accused) is allowed to travel out of the jurisdiction, she might not return to The Gambia, and as such the court should refuse or dismiss the application. I must state that section 24(3) (a ) of the 1997 Constitution of The Gambia, thus states that every person is presumed innocent until proven guilty. The applicant is presumed innocent until proven guilty,”, Justice Jaiteh said.
Justice Jaiteh, however, stated that the applicant (accused), Nadine is under bail, adding that what this means is that she was released from the custody of the state into the custody of the surety where every surety knows that if the accused jumps bail, he\she is willing to forfeit his bail bond to the state in the sum of D5,000,000. Justice Jaiteh further stated that in the state submissions argued if the stakes are high, the court should increase the bail bond accordingly.
” I must state that the presumption of the stakes to be high is speculative and the courts of Law do not act on speculation. The trial is progressing and the applicant has deposed to the fact that she is willing to defend the charges leveled against her. I do not think it is proper and lawful for the court to increase the bond at this stage and it would be contrary to section 99 (2) of the Criminal Procedure Code of The Gambia. From the totality of the evidence presented before the court and coupled with the viva voice testimony of Saikou the surety, I am inclined to grant the application,” Justice Jaiteh ruled.
Justice Jaiteh in his ruling stated that the accused, Ndadinewas permitted to have temporal access to her international passport, adding that she is also permitted to travel to Portugal outside the jurisdiction of this Honorable court during the Christmas vacation period that is from 20 December to the 18 January 2025.
He also ruled that failure, neglect, or refusal of Nadine to appear before the court on 20 January 2025, the accused surety, Saikou Conteh shall forfeit his bail bond to the state. The case was adjourned to 20 January 2025 for continuation.
Meanwhile, according to court records, the alleged drug trafficker of Bissau Guinean national, Paulo Djabi, and his alleged female associate Ndadine Ismael De Gouveira Pareira are jointly charged with possession of prohibited drugs and dealing. Paulo Djabi is separately standing trial for money laundering and currency and his alleged nephew Mamadu Neto Djabi is facing a separate charge of possession of prohibited drugs. Neto Djabi and GouVeira are jointly charged with money laundering.
