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In 2 tones drug case, prosecution counters defense’s objection
Tuesday, 10 August 2010 20:46
By Abdoulie JohnThe trial of 12 people linked with the 2 tones cocaine seizure resumed yesterday at the Banjul Magistrates’ Court with the prosecution categorically countering the objection submitted by the defense and which described the charge sheet as ‘unspecific, ambiguous and uncertain in law’.
When the case came up for hearing, State Counsel Nebu Jones recalled that the defense has not only objected that ’’the charge framed
before the court is duplicitous, ambiguous and uncertain in law’’, but that it also indicated that ‘’more than one offense has been stated in the charge.’’‘’Particularly in the case before this court, the accused persons are charged with conspiracy to traffic in cocaine and surreptitiously ‘other prohibited drugs’ which are not known. The clock of the defense’s objection is the fact that the charge lacks specificity,’’ Jones reminded a crowded court room hit by a heat wave that three ceiling fans could not even contain.
She went on to note that for the defense the use of phrases like ‘’other prohibited drugs’’ as well as ‘’more than two and a half tones’’ are not specific and the quantity is not certain.
’’I would like to state strongly that the defense has no objection to the statement of offense as framed by the prosecution. The defense’s objection is with respect to the particulars of offense,’’ she said.
According to State Counsel N. Jones, the prosecution in drafting the charge had used the exact words of the Drug Control Act 2003 - ‘a person who conspires’. She then argued that the prosecution’s words are in line with the statutory provisions which reads ‘’accused persons conspired among themselves to traffic in cocaine and other prohibited drugs.’’
‘’What the court needs to determine is whether the ‘act’ as referred to in this ‘thing’ has been described with reasonable clearness in accordance with the Criminal Penal Code,’’ she said.
Considering the words used in the particulars of offense are ‘’very simple and unambiguous’’, Jones made it clear that the ‘’prosecution could have stopped at conspiracy to traffic in cocaine and other prohibited drugs’’, adding that the defense’s suggestion is superfluous.
‘’It does not matter whether the particulars ‘’prohibited drugs’’ is needed or not. This is because the said particulars refer to the offense of ‘’conspiracy to traffic’’ and not substantive of ‘’trafficking’’ par say. As at now, the pending charge is a charge of conspiracy,’’ she reiterated.
Magistrate Hilary Abeke, after hearing the prosecution’s counter-arguments, adjourned the case till Thursday July 19, 2010 for the court to take a ruling in the battle of procedure that, for over one month, has opposed the defense and the prosecution...
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Comments
All these people being accused here are mere employees paid to do someone’s dirty jobs. Yaya jammeh is engaged in cocaine peddling from far back after the 1994 coup when a container filled with drugs addressed to a Gambian ministry were intercepted at Mauritania port. Ensa said yaya gave him cocaine to sell. Amadou Samba linked to this cocaine shipment’s yaya’s counterpart in business. General Bubo Natchuto, a renowned international drug baron in the sub-region was given sanctuaries in Gambia by yaya. Now Bubo’s activities & areas he hanged about while in Gambia are being distorted for deceit to cover any leads. Can’t all sane & rightly thinking Gambians smell the fish here?!!! Yaya will surely get his day to face justice.
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