An excerpt of Justice Jaiteh’s ruling reads:
“Having carefully considered the submissions of both Counsels, the affidavits in support and opposition, and the documentary exhibits placed before me, the singular issue that calls for determination is whether the 1st Accused/Applicant has adduced sufficient factual and legal justification for the further release of funds as reasonable living and legal expenses pending the hearing and determination of the criminal case.”
Section 51(6) of the Anti-Money Laundering and Combating of Terrorist Financing Act, 2012 provides:
"In making an order in respect of money or property held or under the control of a person, the court may make provision for the payment out of that money or property of the -
* Reasonable living expenses of the person in respect of whom the investigation is being conducted, including that person's dependants; and
* Reasonable expenses of that person in defending any criminal charge or any other proceedings under this Act."
“This provision is clear and unambiguous. It vests the Court with discretion to order the release of funds under restraint, provided that such release is for reasonable living and legal expenses. The statute does not stipulate a specific percentage, but rather, mandates a judicial inquiry into the necessity and proportionality of the request.”
“The Applicant herein has demonstrated that he is currently unemployed and unable to generate income, having been confined to the jurisdiction since the commencement of proceedings.”
“He has also detailed extensive familial responsibilities, including care for minor children, dependents abroad, and other close relatives. The supporting invoices and documentary evidence marked as PJlend credence to these claims. I have perused Exhibit G3 attached to the affidavit in rejoinder and I do not consider it to be an arrest warrant from Spain, Italy or the United Kingdom.”
“I have perused the Bill of Indictment filed in this matter, and I observe that out of the 21 counts therein, only Count one relates to physical cash, the allegation being that the Applicant unlawfully entered The Gambia with an undeclared sum exceeding US$7,500. The bulk of the charges relate to property, and the funds now sought do not appear to be directly in contention in the specific count relating to cash. Counsel for the State has not demonstrated how the disbursement of 50% of these funds would directly impede the prosecution's case or frustrate potential confiscation orders upon conviction.”
“Accordingly, and pursuant to Section 51(6)(a) and (b) of the Anti-Money Laundering and Combating of Terrorist Financing Act, 2012, and in the exercise of my inherent jurisdiction to ensure the fair administration of justice, I hereby order as follows:
1.That the 1st Accused/Applicant, Paulo Djabi, shall be granted access to a further 25% of the monies deposited with the Sheriff of The Gambia pursuant to the Order of this Court dated the 31st of October 2023; and
2.That the Sheriff of The Gambia and/or DLEAG shall forthwith release the said amount to the 1st Accused/Applicant, to be applied strictly towards his reasonable living expenses and the costs of defending the criminal proceedings now pending before this Court.”
