It would be recalled that the accused, Vilma Cabral Roel, Ana Patricia Dos Santos Furtado, Simara Nadiya Martins, Mirarg Maria Mendes, Seedy Ceesay, Lamin Ceesay, Yaya K. Jatta, Modou Bajang, and Muhammed Jallow were charged with aggravated drug trafficking after being found in possession of 33kg, 600g of cocaine on June 29, 2024, at the International Airport, for the purpose of trafficking.
They were also charged with dealing in prohibited drugs and conspiracy, and on June 29, 2024, they were involved in the transportation of prohibited drugs and conspired among themselves to traffic the substances.
When the prosecution called its witness, Momodou Yaya Jallow, who works with the Gambia Law Enforcement Agencies as an intelligence analyst and investigator, stated that Yaya K. Jatta, the seventh accused disclosed to the team of investigation about specific amount of money he had hidden.
After the recovery of the money, the witness said it was handed over to the Director of Intelligence, whom he said he believed also handed over the same money to the then officer in commanding at the Special Initiatives Unit (SIU).
The witness further disclosed that the money was in denominations of €200, €100 €50, €20, and €10 notes, amounting to a total of €26,950.00.
On attempt to tender the money by state counsel M. Singhateh, defence counsel S.K Jobe, for the 1st to the 4th accused, objected, contending that the authenticity and exact amount of the currency in question remain uncertain. Other defence counsel also objected and argued that it was unclear whether the banknotes were genuine and whether the stated total accurately reflects the contents of the plastic bag.
To address the concerns raised by the defence regarding the authenticity and exact amount of the currency, Justice Jaiteh ordered that the plastic bag where the money was in be opened in the presence of the court, and the banknotes be counted by the Financial Controller at the Judiciary.
Furthermore, the court also ordered that the total amount of €26,950.00 be taken to the Central Bank of The Gambia forthwith for verification to confirm whether the currency was genuine or counterfeit and the said amount was kept in the custody of the Finance Controller until next day for further directives.
“This approach ensures transparency and upholds the integrity of the judicial process while safeguarding the rights of all parties involved,” Justice Jaiteh stated.
In his ruling, Justice Ebrima Jaiteh said the fundamental test for admissibility was relevant, as established under Section 3 of the Evidence Act, 1994. He added that the Euros contained in the sealed plastic bag were undeniably relevant to the trial, and as such, he found no legal basis to exclude them from evidence. Accordingly, he admitted the said Euros into evidence.
