Paulo Djabi
By Landing Ceesay
A request by Senior State Counsel Lamin Jarjou to introduce drugs seized by the Drug Law Enforcement Agency (DLEAG) into evidence in the case against Mamadou Neto Djabi (third accused) was delayed after an objection from Defense Counsel Sheriff M. Tambedou.
Paulo Djabi (the first accused), Nadine Ismael De Gouveira Pereira (the second accused), and Mamadu Neto Djabi (the third accused) are currently facing trial in The Gambia’s High Court on 20 counts of drug-related offences and money laundering.
In his testimony as the First Prosecution Witness (PW1), Lamin Y.A. Sanneh, a DLEAG officer, told the court that investigators had seized 12 vehicles, 3 motorcycles, a Jet Ski, drugs, needles, and strings, all allegedly belonging to Paulo Djabi.
When the case was called on Tuesday, November 5, 2024, Senior State Counsel Lamin Jarjou sought to present the drugs as evidence. However, the Defence Counsel objected, halting the motion.
“Mr Sanneh, you said substances were found in the apartment of the first and second accused persons (Paulo Djabi and Nadine Pereira), which were analysed; if you see the analytical results, would you be able to recognize it?” Counsel Jarjou asked.
“Yes, the analytical results bear the name of the analytical officer and signature,” the witness responded.
The witness was presented with the analytical report for identification, and he confirmed that it was the analytical report for the drug known as NDMA.
Counsel Jarjou then moved to tender the report into evidence, requesting it be marked as an exhibit.
The Defence counsel, SM Tambedou, raised no objection to the admissibility of the report.
Hon. Justice Ebrima Jaiteh of the High Court of The Gambia then accepted the report into evidence, marking it as an exhibit accordingly.
“You also told the court that you recovered a substance in the 3rd accused person’s (Mamadou Neto Djabi’s) apartment in Bakoteh?” Counsel Jarjou asked.
“Yes,” the witness responded affirmatively and told the court that the substance recovered was called NDMA. The substance was handed over to the witness for identification, and he identified it as the substance recovered from the 3rd accused person’s apartment in Bakoteh.
“Take a look at this substance. Is this the substance you recovered from the 3rd accused person’s apartment?” Counsel Jarjou asked.
“Yes, my lord,” the witness responded.
When asked to describe the substance, the witness told the court that the substance was wrapped in a black plastic bag, concealed in a Marlboro cigarettes packet.
“The substance is in what form?” Counsel Jarjou asked.
“My lord, it is in powder form,” the witness told the court.
Counsel Jarjou subsequently moved to have the substance identified by the witness entered into evidence and marked as an exhibit.
However, after a thorough examination of the drug, Counsel SM Tambedou raised an objection to its admissibility as evidence.
“My lord, the evidence of the witness is that the substance is in a powder form. What is contained in that plastic bag is some powder and what appeared to be some crystal and a stone-like. Whilst we do not have an objection to the powder, we object to the tendering of the crystal and stone because they do not form part of the evidence of the witness,” Counsel Tambedou argued.
Counsel Tambedou further argued that the witness did not make any reference to the crystal and stone, and therefore, there is no basis or foundation for their submission.
In response, Counsel Jarjou informed the court that the submission of the crystal, stone, and powder was based on the testimony of the witness from October 15, 2024.
Hon. Justice Jaiteh pointed out that, despite the unsealing of the drug from the Marlboro cigarette packet, the witness did not mention any crystal or stone.
Counsel Jarjou then informed the court that he was withdrawing the drug substances from being submitted as evidence.
“I am withdrawing my application to tender the substance sought to tender,” Counsel Jarjou said.
Counsel Tambedou notified the court that he sought a ruling on his objection, as Counsel Jarjou had already begun responding to it.
In response, Hon. Justice Jaiteh announced that the case would be adjourned until next week, allowing Counsel Tambedou time to address Counsel Jarjou’s application to withdraw the drugs.