By: Nicholas Bass
The Banjul High Court, presided over by Justice Ebrima Jaiteh, on Wednesday discharged four Portuguese ladies, who were slammed with three-count drug-related charges.
Vilma Cabral Roel, Ana Patricia Dos Santos Furtado, Simara Nadiya Martins and Miriam Maria Mendes were on 29 June 2024, charged with the alleged offences of possession of prohibited drugs, dealing in prohibited drugs and conspiracy to deal with prohibited drugs contrary to section 53(1)(a) of the Drug Control Act, Cap 13:05, Volume 3, Revised Laws of The Gambia.
The particulars of the offence of count three read that Roel, Furtados, Martins, Mendes, Seedy Ceesay, Lamin Ceesay, Yahya K. Jatta, Modou Bojang, nd Muhammed Jallow on or about 29 June 2024, at the Banjul International Airport in the West Coast Region of The Gambia conspired amongst themselves to deal in prohibited drugs- to wit: conspired to smuggle three luggage of cocaine from The Gambia to Barcelona, Spain via Vueling Flight.
Justice Jaiteh, however, stated that none of the 17 prosecution witnesses had directly identified or linked the 1st to 4th accused persons to possessing illegal substances on the specified date and location.
‘’The pivotal testimony from Kemo Jaiteh, a narcotics officer at the Banjul International Airport, emphasized the suspicion around the 1 to 4th accused persons due to their travel documents and behavior rather than any concrete evidence, ‘’ Justice Jaiteh ruled.
According to him, State witness Jaiteh confirmed that the Portuguese ladies were not found with cocaine or any controlled substance.
Justice Jaiteh said the absence of “proof linking the 1st to the 4th accused persons to the cocaine found in three luggage further undermined the State’s [prosecution] claims”, stating that he has found out that the prosecution has failed to meet its burden of establishing the essential elements of these charges against the 1st to the 4th accused persons.
The trial judge deduced that the prosecution had not laid a ‘’prima facie’’ case against Valma Cabral Roel, Ana Patricia Dos Santos Furtados, Simara Nadiya Martins, and Miriam Maria Mendes.
‘’I hereby accept the defense’s submission of no-case-to-answer and acquit and discharge the 1st to the 4th accused persons on all counts,’’ Justice Jaiteh ruled.