FOROYAA Newspaper (Serrekunda)
Abubacarr Saidykhan
1 July 2009
Babucarr Jatta, (alias Michael Jatta), a military personnel who was charged with drug trafficking by the National Drug Enforcement Agency was on the 23rd day of June 2009 acquitted and discharged by Principal Magistrate Edrisa Mbye at the Banjul Magistrate's Court.
The accused person was charged with possession of prohibited drug for the purpose of drug trafficking contrary to section 43 (4) of the Drug Control Act 2003 as amended.
The particular of offence reads; you Baboucarr Jatta on or about the 23rd day of May 2008 at Soma Town Lower River Region of the Republic of the Gambia, you had in your possession 6kg 860 grams of cannabis sativa prohibited drug.
The presiding magistrate Mr. Mbye said in his judgment that the accused person was arrested and arraigned before the Court on 5th February 2009 and charged with the offence of drug trafficking.
He further went on to say that the prosecution has four witnesses; that they have also tendered a bag which contained some cannabis as well as some documents, i.e weightiest certificate, the analytical reports as well as the cautionary and the voluntary statements of the accused.
Magistrate Mbye said PW3 said the bag was near a NYM tree that is where he found it. The principal magistrate said the accused in his defence dismissed the charge leveled against him, and that he said the accused explained how he was arrested and informed that he was suspected of being in possession of cannabis.
He said the accused also said he was told that there was a military bag inside a vehicle which must belong to him since he was the only soldier in uniform. The magistrate said the accused person did not call any witness.
Mr. Mbye said it is an established principle of criminal law that the prosecution has to prove the guilt of the accused beyond reasonable doubt. The magistrate said from the evidence given by the prosecution witness, the whole prosecution case is based on suspicion.
He said "to assume that because the accused is a military officer and the bag is also a military bag he has to own it, would be a fallacy". Magistrate Mbye concluded that he found the evidence of the prosecution weak and unreliable.
He said based on the reason given, he said he found the accused not guilty of the offence charged. He said the accused is hereby acquitted and discharge. He also ordered that the said drug be destroyed by the relevant authorities at the relevant time.
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