The case of the alleged drug dealer, Paulo Djabi, a Bissau-Guinean residing in The Gambia with his family, has been dragging on since 2023.
It would be recalled that Paulo Djabi was found in possession of illegal and controlled substances at his residence in Fajara, Kanifing Municipality, and was also discovered with large sums of money in various currencies, including Gambian Dalasi, CFA, Dollars, and Euros.
The accused is facing a charge of 21 criminal offences, including allegations of money laundering and other drug-related offences. He has, however, been granted bail of D120 million.
In some offences, the accused was charged with fabricating evidence in violation of Section 98(b) and perjury and subornation of perjury under Section 95(3), accused of false swearing, contrary to Section 99(b) and procuring the execution of documents under false pretenses, under Section 330 of The Gambia’s Criminal Code (2009).
The court, presided over by Justice Ebrima Jaiteh, ruled that repeated adjournment, often due to Counsel Jarju’s absence, has severely impacted the prosecution’s ability to deliver timely justice, undermining the efficiency and integrity of the judicial process.
At the most recent hearing, Counsel M. Sarr appeared on behalf of the State but admitted to only receiving the case file that morning. Consequently, he sought an adjournment, highlighting a troubling lack of preparedness.
Justice Jaiteh said that while unexpected circumstances could arise, professional ethics demand that counsel appearing in court be ready to proceed. “The failure to do so not only reflects inefficiency but also erodes public confidence in the judicial system.”
The issue was further exacerbated by the presence of two subpoenaed witnesses, the Registrar of the High Court and the Chief Executive Officer of Kanifing General Hospital, who were prepared to testify.
The presiding judge stated that their time and resources, as well as those of the court, were wasted due to the prosecution’s inability to move forward. He added that such delays not only cause inconvenience for the witnesses but also incur unnecessary costs for all parties involved.
The court emphasised the importance of effective case management, making it clear that the continued absence of Principal State Counsel Jarju could not be an excuse for further stagnation. “Chronic delays of this nature compromise the very essence of justice,” he said. Moving forward, the court stated that no further adjournments would be entertained on account of Counsel Jarju’s absence.
In a decisive ruling, the court declared that this would be the final adjournment in the case. Should the prosecution fail to proceed effectively at the next hearing, the court would consider applications from the defence and rule accordingly.
He said the move underscores the judiciary’s commitment to upholding legal standards and ensuring that justice is neither delayed nor denied.
The ruling has been directed to the Director of Public Prosecutions, the Solicitor General, and the Legal Secretary, reinforcing the need for immediate action to prevent further disruptions.
The next hearing was scheduled for March 19, 2025.
