Former Magistrate Colley In Court
The prosecution has presented its first witness in the trial of former Magistrate Ebrima Janko Colley, registrar Ridwan Othman, and clerk Mariama Jankey Tamba, all of the Kanifing Court. The trio faces five criminal charges, including theft, fraud, breach of trust, dealing with prohibited drugs, and neglect of official duty.
The prosecution, led by the Director of Public Prosecutions (DPP), A.M. Yusuf, brought forward Abdoulie Ceesay, a drug law enforcement officer, as their first witness. The accused are represented by a legal team led by Lawyer L.K. Mboge, with Saika Sonko, S.M. Barchally, and M. Jeng.
According to the indictment, the state alleges that in October 2023, Colley and Othman conspired to steal 45 blocks of cocaine submitted as evidence in a criminal case. The charges include conspiracy to commit a felony, theft, fraud, breach of trust, dealing in prohibited drugs, and neglect of official duty. Tamba is accused of failing to properly mark 52 blocks of cocaine submitted as court exhibits.
Taking the stand, Ceesay testified under oath, identifying the accused as court officials at the Kanifing Court. He stated that on October 13, 2023, he prosecuted a case involving the Drug Law Enforcement Agency, The Gambia (DLEAG), and a defendant, Babucarr Muhammed Sallah. After the trial, Sallah was fined 5,000,000 dalasis, which was fully paid, with 25% allocated to DLEAG and 75% to the judiciary.
Ceesay recounted that DLEAG submitted a formal request to Magistrate Colley for the transfer of the cocaine into their custody, but the request was denied. Following instructions to escalate the matter, DLEAG wrote to Chief Justice Hassan B. Jallow, who approved the request. Ceesay was tasked with retrieving the 52 blocks of cocaine from the court.
Upon arriving at the court, Ceesay and his team discovered that the drug packaging had been tampered with and was no longer in its original state. Court officials explained that the original packaging had been damaged and replaced. A preliminary test conducted at the court returned inconclusive results, prompting further laboratory testing, which revealed negative results for cocaine.
Ceesay stated that the drugs were left in court custody due to the tampering and pending further investigation.
During cross-examination, defense lawyer L.K. Mboge questioned Ceesay about his professional experience at DLEAG. The witness stated he had worked there for 19 years since 2005. When asked if he was aware of a 2009 case involving the then-director of DLEAG, Bun Sanneh, who was charged with tampering with exhibit drugs, Ceesay responded that he was unaware of the incident.
“You’re not being truthful to the court because drugs were tampered with by DLEAG officials,” Lawyer Mboge said.
“I wasn’t in the country in 2009. I know that some were prosecuted for drug cases,” Witness Ceesay replied.
During cross-examination, defense counsel Lawyer Mboge questioned the witness regarding the availability of the analytical report for the 52 blocks of drugs involved in the case. The witness admitted that he did not have the report in his possession but clarified that the analytical results could be obtained from the laboratory office of the Drug Law Enforcement Agency of The Gambia (DLEAG).
In response to further questioning about the packaging of the drugs, the witness detailed that the 52 blocks were divided into two boxes, with each box containing 26 blocks. He added that the blocks were appropriately labeled.
Lawyer Mboge then drew the court’s attention to the witness’s earlier testimony, where he stated that after the case, he wrote for the drug (exhibits) to be returned to DLEAG. When asked to confirm this, the witness replied, “Yes, through the instruction of my senior.”
“I’m putting it to you that there is no law in this jurisdiction that instructs the magistrate to return the exhibit,” Lawyer Mboge asserted.
The witness replied, “Yes, there’s no law, but we learned that there were breaks in the Kanifing court store, and DLEAG was due to conduct drug destruction. DLEAG is responsible for that, which is why we requested the drugs to be returned to DLEAG custody.”
The witness was questioned about when he wrote to the Chief Justice. In response, he stated that he could not recall the exact date but noted that the letter is available with the Drug Law Enforcement Agency, The Gambia (DLEAG).
When further asked if he could present a copy of the letter, the witness replied, “my Lord, I cannot, but a copy of the letter is available at the DLEAG and the Chief Justice’s office, which are public offices”
When questioned about the receipt for the 25% payment to the Drug Law Enforcement Agency of The Gambia (DLEAG), the witness stated that while he had taken a photograph of the receipt, he did not have the physical copy in his possession.
Pressed on whether he could produce the receipt, the witness replied in the negative, explaining that the document was currently held at the DLEAG office.
During further questioning, Lawyer Mboge inquired about the witness’s knowledge of a recent drug-burning exercise conducted by DLEAG. The witness declined to answer, stating, “My lord, I will excuse myself from answering the question because I was part of the investigation team for that case, and a report was prepared and sent to the Attorney General’s office for legal advice.”
“I’m putting it to you that the recent burning of drugs, which were allegedly cocaine, turned out to be false,” Lawyer Mboge stated.
“I still maintain my decision not to answer the question,” Witness Ceesay replied.
“When the accused was arrested, the drugs were tested, and a report was produced,” Lawyer Mboge asked.
“Yes, it was tested,” the witness confirmed.
“When was it tested, and the time it was tendered before the court? How long?” Lawyer Mboge inquired.
“I can’t remember,” Witness Ceesay replied.
“Can you recall when Bubacarr Muhammed Sallah was arrested?” Lawyer Mboge asked.
“I can’t remember,” the witness replied.
“My lord, I’m applying for the prosecution to provide a copy of the charge sheet for Bubacarr Muhammed Sallah.” The court ordered the prosecution to provide the charge sheet.
Lawyer Lamin Mboge requested several key documents during court proceedings, including the letter addressed to the Chief Justice, the receipt for the 25% payment to DLEAG, the 75% payment to the Judiciary, and the charge sheet from the Kanifing Court.
In response, Director of Public Prosecution (DPP) A.M. Yusuf assured the court that the prosecution could provide the letter to the Chief Justice as well as the receipts for the 25% payment to DLEAG and the 75% payment to the Judiciary. However, regarding the charge sheet, the DPP clarified that the defense would need to formally request a certified copy from the Kanifing Court.
“The court hereby orders the prosecution to provide the receipts for the 25% and 75% payments and the letter to the Chief Justice,” Justice S. Aryee ordered.
The case is adjourned to February 3, 2025, from 1:30 PM to 2:30 PM for the continuation of cross-examination.