Senior Magistrate Nche Blessed of the Kanifing Magistrates’ Court on Monday 30 January 2017, acquitted and discharged one Modou Bah after the court found him ‘not guilty’ of the offence of possession of prohibited drugs.
The
accused person was charged for possession of prohibited drugs and the
particulars of offence stated that the accused person, Modou Bah, on 25 May
2016, at London Corner, in Serrekunda, in the Kanifing Municipality, had in his
possession 160grams of cannabis sativa, a prohibited drug without valid license
and thereby committed an offence.
Senior
Magistrate Nche Blessed disclosed that the accused pleaded not guilty when the
charge was read to him, and the prosecution opened its case and called six
witnesses to prove the charge against him.
The
six were Njaga O. Jatta, Nuhar Bojang, Modou Lamin Sanyang, Saikou Manneh,
Babucarr Jawla and Samba Bah, all narcotics officers.
Magistrate Blessed further disclosed that
after eight different adjournments, the prosecution applied to close their
case, stating that they could not secure the presence of witnesses before the
court, and in consideration of the fact that the accused person was in remand.
The
court granted the application and ordered defence to open its case, she said.
Magistrate
Blessed said that both the prosecution and defence waived their rights for
addresses and adoption of briefs.
She
added that in criminal cases, the standard of proof is to prove beyond
reasonable doubt, and that the prosecution had the burden to prove its case
against the accused person, citing the Evidence Act.
She
further noted that since the accused person was charged with a criminal
offence, he was presumed innocent until the contrary is proven, again citing
the constitution.
She revealed that it was the duty of the
prosecution to establish its case either by direct, constructive or
circumstantial evidence, to convince the court that the accused was guilty of
the offence charged.
Magistrate
Blessed pointed out that she had on several occasions cautioned the prosecution
to be cautious and diligent in prosecuting their cases, as a lot of procedure
and evidence was required, particularly when it has to do with reports and
certificates to establish a case.
“It
is held that a trial judge should not speculate on evidence not before the
court; citing other decided cases to back up her argument.”
Therefore,
she added, the court would not rely on the speculative measures of the weight
that was not done as provided for by the Act.
If
there is any doubt, it shall be resolved in favour of the accused person, she
continued, and also cited other decided cases to support her argument.
It
was also clear that the accused person stated that four of them were arrested
and taken to the station and detained, according to the magistrate.
The
prosecution also stated that only the accused person and two others were
arrested, one woman and a man, and none of the parties, be it prosecution or
defence, were able to secure the presence of any of those persons in court to
corroborate any of the stories.
The
said man or the woman found in the same premises was not brought to court as a
co-accused or a witness.
She
also cited the drug control Act, and explained that if a person is found in any
premise to be in possession of a prohibited drug, that same compound or
premises is deemed to have partaken in the commission of the offence, unless
otherwise proven.
She
added that the prosecution gave contradictory and conflicting evidence, which
raised doubts as to the culpability of the accused.
Magistrate
Blessed, therefore, held that the prosecution did not discharge the legal
burden required by law in proving the guilt of Modou Bah, and he was
accordingly acquitted and discharged on the charge of being in possession drugs
for the purpose of trafficking.
She
ordered that the presumed prohibited drug (160g of presumed cannabis sativa) be
forfeited to the state, but might be subject to destruction only after 30 days
from today.
She
informed the parties that they were at liberty to appeal the judgment if they
were not satisfied.