Defence Continues Cross-Examination in Drug Trial Involving Magistrate Colley and Co.
Magistrate Colley and Co. at the high court.
The cross-examination of Prosecution Witness 6 (PW6), Modou Camara, a drug law enforcement officer, resumed on Tuesday in the high-profile drug trial involving Magistrate Colley, Uthman Raymond, and Mariama Jankey Tamba. The questioning intensified as Defence Counsel Batchilly probed deeper into the handling, chain of custody, and weighing of the 52 blocks of suspected cocaine at the center of the case.
The three judicial officers stand accused of theft, fraud, and drug-related offenses in connection with allegations that cocaine evidence disappeared from court custody. The prosecution claims that, in October 2023, Magistrate Colley and Registrar Othman conspired to steal 45 blocks of cocaine that had been presented as evidence. Additionally, court clerk Mariama Jankey Tamba is alleged to have mishandled and improperly labeled a separate batch of 52 cocaine blocks.
The day’s proceedings began with Counsel Batchilly confirming with Mr. Camara that he had provided a statement to the police. When asked whether he had the statement in hand, Mr. Camara stated he did not. Counsel Batchilly then requested the statement from the prosecution and sought its formal introduction as evidence.
Upon receiving the statement, Modou Camara confirmed its authenticity. Counsel Batchilly applied for the statement to be admitted, and it was accepted as Defence Exhibit M.
The Defence then turned its attention to the weight certificates. Counsel Batchilly requested Prosecution Exhibit J, the first weight certificate, and presented it to Mr. Camara for confirmation. Mr. Camara identified it as the initial weighing conducted by the Drug Law Enforcement Agency (DLEAG). Following a brief review, Counsel Batchilly applied for the certificate to be admitted into evidence, and the request was granted by the court.Counsel Batchilly cross-examined the witness regarding the movement and timeline of the suspected cocaine. Counsel Batchilly asked, “It is correct that the 52 blocks of cocaine were taken to the court on 23rd October 2023?” Mr. Camara responded, “I cannot remember the date.”
Upon reviewing the station diary, which had previously been submitted as a defense exhibit, Modou Camara confirmed that the entry indicated his attendance at court on October 13th, 2023.
Counsel Batchilly then inquired about the custody of the suspected drugs during the intervening period.”So, from the 13th, when you received the 52 blocks of suspected cocaine, to the 23rd, when it went to court, whose custody was the 52 blocks of suspected cocaine in?” Counsel Batchilly asked.
Modou Camara clarified, “It was kept in the safe of OC Burama Njie. The safe was in the office of OC Burama Jammeh but he never had access to the keys. The keys were in the hands of the Deputy Director General and Director of Operations.”
Counsel Batchilly then inquired, “So, the 52 blocks of suspected cocaine were in the custody of Burama Jammeh, the Deputy Director and Director of operations?” Modou Camara replied, “Very well.”
Counsel Batchilly continued, “Now, from the 13 of October 2023 to the 23rd of October 2023, it is correct to say that the 52 blocks of suspected cocaine were in the custody of your office, correct?” to which Mr. Camara answered, “Yes.”Counsel Batchilly inquired whether the blocks were reweighed before being transported to court following the initial weighing. Mr. Camara responded in the negative, clarifying that the 52 blocks were not weighed again upon arrival at the court prior to being handed over.
Counsel Batchilly then questioned Mr. Camara’s knowledge of the safe’s access protocols, stating, “I’m putting it to you as a custodian of the safe in which drugs are kept or suspected drugs are kept in Burama Jammeh must be present in person before it is taken out by the people who have the keys.”
Modou Camara responded, “I don’t know.” When asked if he knew why Jammeh did not have the keys, Camara replied, “I don’t know.”
The second weighting certificate was presented, and Counsel Batchilly asked Camara to read the date, which he stated as June 28th, 2024.
Counsel Batchilly then suggested, “It was correct that the weighting was done in the presence of the second accused person, Uthman Raymond,” to which Camara agreed, adding that the other two accused were not present.
Counsel Batchilly asserted, “The weighting of the 52 blocks of suspected cocaine, which was done at the court, should have been done in the presence of the three accused persons.” Mr. Camara countered, “At that moment, I didn’t know who was involved in that case. The police only brought one person.”
Counsel Batchilly then asked, “And at the time the weighting was done, the accused persons had already been charged by the police?” Mr. Camara replied, “I don’t know.”
Counsel Batchilly followed up, “I am putting to you that you knew at the time you did this that all the accused persons had been charged,” to which Mr. Camara responded, “That’s not true. I don’t know.”Counsel Batchilly subsequently inquired of Modou Camara about the process used to count the 52 blocks of suspected cocaine when he appeared in court in January 2024. In response, Modou Camara explained, “It was brought from the store in two suitcases. So they have to find them according to the numbers and each block has a number. So they have to include those numbers from 1 to 52.”
Counsel Batchilly inquired, “Mr. Camara, it was not counted in the chronological order?” Mr. Camara emphasized, “My answer is we counted them from 1 to 52.”
Counsel Batchilly then asserted, “I am also putting it to you that you did not even look at the numbers. You were just counting block by block,” to which Mr. Camara reiterated, “We counted them from 1 to 52.”
Counsel Batchilly next referenced Mr. Camara’s earlier testimony, asking if he had indicated that some numbers were repeated. Mr. Camara confirmed, “Yes.”
Finally, Counsel Batchilly suggested, “the repetition of numbers must have been done in their office,” which Mr. Camara denied, stating, “That is not true.”