The accused, Ebrima Janko Colley, Ridwan Othman, and Mariama Jankey Tamba, are facing five counts of criminal offences including theft, fraud, breach of trust, dealing with prohibited drugs, and neglect of official duty.
During the hearing, defence counsel Lawyer Mboge presented a letter allegedly sent to the Chief Justice and its corresponding response for verification by a prosecution witness. The witness confirmed the authenticity of both documents, after which Lawyer Mboge applied for them to be admitted into evidence. With no objections from the prosecution, Justice S. Aryee admitted the documents.
Further into the proceedings, Lawyer Mboge handed the charge sheet of the accused to the witness for confirmation. The witness affirmed that the document presented was indeed the charge sheet and stated that the accused were arrested on September 6, 2023, and formally charged on September 23, 2023.
Under cross-examination, the witness confirmed that the accused initially pleaded not guilty but later changed their plea to guilty. However, when asked why they had changed their plea, the witness stated: “No, I may not know that.”
Regarding the forensic examination of the seized drugs, the witness confirmed that the drugs were analysed, resulting in an analytical report. However, when asked to recall the date of the report, the witness admitted: “No, I cannot, because I don’t have the analytical report in my hand.”
Lawyer Mboge then sought permission from the court to present the analytical report for confirmation. However, the witness declined to verify the document, stating that it originated from a defence lawyer rather than from their office. “We have an analytical report in our office,” the witness added.
Further questioning delved into the custody and handling of the 52 blocks of suspected drugs. The witness confirmed that the drugs were stored at the exhibit management unit of the Drug Law Enforcement Agency The Gambia (DLEAG) before and after testing. When pressed on whether all 52 blocks were tested separately, the witness stated: “I cannot remember because I was not the officer responsible for the testing.”
Lawyer Mboge questioned the process of transporting the drugs for testing, suggesting that a DLEAG officer might have taken the entire 52 blocks for analysis. The witness refuted that, asserting: “No, the 52 blocks weren’t taken but a sample.”
The defence also sought to challenge the possibility of tampering, but the Director of Public Prosecution (DPP), A.M. Yusuf, objected, and the objection was sustained by the court.
During the hearing, the prosecution clarified that only one analytical report was used during the trial. However, the witness acknowledged that a second report emerged after the case had concluded. When asked whether the 52 blocks had been tested collectively, the witness stated: “As I said, I’m just a prosecutor and not an analyst.”
The case continues today.
