Vilma Cabral Roel, Ana Patricia Dos Santos Furtado, Simara Nadiya Martins, and Miriam Maria Mendes, identified as the 1st to 4th accused, were initially charged with drug trafficking, dealing in prohibited drugs, and conspiracy to traffic drugs. The charges stemmed from events at the Banjul International Airport on June 29, 2024, where the accused were allegedly preparing to board a Vueling flight to Barcelona with three suitcases containing cocaine.
However, the presiding judge, Justice Jaiteh ruled that the prosecution failed to establish a prima facie case against the Portuguese nationals.
In his ruling, the judge stated that none of the witnesses presented direct evidence linking the four accused to the luggage containing cocaine. Testimonies particularly that of a narcotics officer, revealed that the arrests were based on suspicion arising from travel documents and behaviour rather than on physical possession or direct evidence.
The officer admitted under cross-examination that none of the four accused were found in possession of the drugs, nor were the suitcases registered in their names. Although the prosecution referenced a shared Passenger Name Record (PNR) and similarities in their travel plans, the court held that these factors did not amount to proof of conspiracy or trafficking.
The court also pointed out that the alleged photographic evidence which could have connected the accused to the drugs was never produced. Additionally, the cautionary statements from each of the four individuals consistently denied involvement in any illicit activity and described their trip as a holiday.
In dismissing the charges, the court reaffirmed the principle that mere suspicion, no matter how strong, cannot substitute for concrete evidence in criminal proceedings. Consequently, the no-case submission by the defence was upheld, and the four accused were acquitted on all counts.
Meanwhile, the court found that the prosecution had presented sufficient evidence to require the 5th to 9th accused, Seedy Ceesay, Lamin Ceesay, Yaya K. Jatta, Modou Bojang, and Muhammed Jallow, all Gambian nationals, to open their defence.
The judge cited detailed statements, money transfers, and the physical handling of the drug-laden luggage as establishing a strong prima facie case of drug dealing and conspiracy.
The court noted that these five individuals were intricately connected to the movement of the three suitcases containing cocaine through various roles at the Banjul International Airport, including airport loading, security, and transport services. Each accused is alleged to have knowingly facilitated the attempted export of the cocaine to Spain.
