Magistrate Colley and Co in court
The high-profile case involving former Magistrate Ebrima Janko Colley, former court registrar Ridwan Othman, and court clerk Mariama Jankey Tamba resumed on Monday at the Kanifing Magistrates’ Court with the testimonies of the prosecution’s sixth and seventh witnesses.
The three judicial officers are facing charges of theft, fraud, and drug-related offences in connection with the alleged disappearance of cocaine evidence from the court’s custody.
According to state prosecutors, in October 2023, Magistrate Colley and Registrar Othman allegedly conspired to steal 45 blocks of cocaine that had been tendered as court evidence. Meanwhile, court clerk Mariama Jankey Tamba is accused of failing to properly label and secure 52 blocks of cocaine in a related matter.
The State was represented by the Director of Public Prosecutions (DPP) A.M. Yusuf, while the accused persons were represented by counsels L.K. Mboge, M.O. Batchilly, and I. Sonko.
The first witness to take the stand was Alieu Nyang, a long-serving judiciary staff member who has worked as a process server at the Kanifing Magistrates’ Court since 2003. He confirmed his knowledge of the accused, noting that two of them were his superiors and one served as a clerk.
When asked about events in October 2023, Nyang testified that he and a colleague, Abdoulie Dampha, were instructed by Magistrate Colley and Registrar Othman to move two boxes from the courtroom to Magistrate Colley’s office.
“We realized that the base boxes were damaged or destroyed, and we took a wheelbarrow to carry them to the magistrate Colley and later returned the Barrow at left to our various offices,” Nyang stated.
During cross-examination by defense counsel, Lawyer Isatou Sonko asked the witness to clarify whether he meant that the boxes were destroyed. In response, Alieu Nyang explained: “The base of the boxes was destroyed, and if he wants to lift it, the items will flow down.”
Lawyer I. Sonko: Tell the court where there’s an exhibit store at the court? He responded that there’s an exhibit store, but to get access to the store is difficult because there are a lot of exhibits there.
Lawyer I. Sonko: Tell the court if you are familiar with the entire state of the store at the time of the incident?He described the court’s exhibit store as “not that good” and recalled receiving two letters from the Judiciary Secretary (JS), requesting improved exhibit storage facilities.
Highlighting the need for an additional store, Alieu explained that the existing space was difficult to access due to the large volume of exhibits.
When asked by Defence Counsel Sonko whether he knew the contents of the boxes, Nyang responded, “Yes, I know the content, because that was the second time when the case came on. I know it through Uthman Raymond. Raymond told me that there was cocaine in the boxes.”
“Can you tell the court if you know of any criminal act or misconduct of the accused persons during the period you worked with them,”? Lawyer I. Sonko inquired. He testified that he had never witnessed any misconduct by the accused during his ten years at the judiciary.When asked how he felt upon learning about the accused’s involvement in the case, he expressed surprise at the allegations but remarked that in this country, anything is possible.
He was also questioned about his experience during his 10-year tenure at the judiciary and whether he had encountered challenges as a process server. In response, he acknowledged that issues do arise in the course of their duties.
With no further questions from the defence and no re-examination by State Counsel A.M. Yusuf, the Director of Public Prosecutions, the witness was discharged by the court.
The seventh witness, Modou Camara, an officer with the Drug Law Enforcement Agency of The Gambia (DLEAG) assigned to the Exhibit and Store Unit, then took the stand.
He was asked if he knew Burama Jammeh, Buba Tamba, and Abdoulie Ceesay. He explained that Burama Jammeh was his immediate supervisor, Buba Tamba worked in the Scientific Unit, and Abdoulie Ceesay was part of the Prosecution Unit.
When questioned by the DPP about his place of work in 2023 and whether anything significant occurred in October of that year, he recalled the handling and weighing of 52 blocks of cocaine. He noted that the drugs were first weighed at the DLEAG office before being transported to the Kanifing Magistrates’ Court.
“When they got to our office, our responsibility was to do that weighing; upon their arrival, the 52 blocks were weighed, and the scientific unit came for analysis. After that, the blocks were taken back to Burama Jammeh’s office.” He explained.He testified that after the initial weighing, he was called to join a team assigned to retrieve the blocks from the Kanifing Magistrate Court. Upon arrival, Uthman—the second accused and the court registrar—led them to the store. There, they opened two suitcases containing the blocks of cocaine and began counting them. During the process, they noticed that some of the numbers on the blocks were repeated.
He further told the court that while the cocaine was originally brought to their office in a carton for weighing, it was later found in a suitcase when they saw it at the court store.
He added that after some time, they were instructed to carry out another weighing. They weighed all 52 blocks again, and a weigh-in certificate was issued accordingly.
“Would you be able to identify the first weighted certificate you conducted,” DPP asked.
He gave a positive response, and the certificate was presented to the witness for identification. He confirmed the identification of two weighted certificates from the 52 blocks.
During cross-examination by Counsel Mboge, representing the accused…
Senior Lawyer L. Mboge: Exhibit J, you have gross rates there but there is no net weight. Tell the court why?
Modou Camara: The cocaine was weighed by my seniors so I cannot tell why there was no netwet.Senior Lawyer L. Mboge: When you are charging a person do you charge based on the gross weight or net weight.?
Modou Camara: My office has never drafted charges against an accused person. Our responsibility is just to do the weight and net weight. So I am not in a position to answer whether we charge the gross weight or the net weight.Senior Lawyer L. Mboge: When you are weighing gross weight, how do you weigh it?
Modou Camara: We don’t remove it either from the packet or tear it. We weigh how it is wrapped. We just remove it from the container it is kept.
Senior Lawyer L. Mboge: I just want you to confirm that from the 3rd to the 23rd of October, it’s a difference of 20 days.
Modou Camara: Yes
Senior Lawyer L. Mboge: And within that 20 days, those exhibits were in the custody of the DLEAG?
Modou Camara: Yes.
Senior Lawyer L. Mboge: So, who received the exhibits from the exhibit store?
Modou Camara: The exhibit store received the exhibits, but I can’t remember who actually signed the form.
Senior Lawyer L. Mboge: Now, will you be surprised to know that it was Mr Ceesay (PW1) in this case, who received those exhibits?
Modou Camara: I don’t know.
Senior Lawyer L. Mboge: Who signed and received those exhibits on the 23rd day of October?
Modou Camara: The signature of the recipient is Abdoulie Ceesay.
Lawyer L. Mboge; For the court, this is when the exhibit was moved from the storage of DLEAG to the court. So, from the deputy director and the director of operations, it went into the hands of the prosecution. Correct Or not?
Modou Camara: Not correct.
Senior Lawyer L. Mboge: Then who received the exhibits from this court?
Modou Camara: When these exhibits were moved from the director to the court, I was not there.
Senior Lawyer L. Mboge: From the exhibit when it was in the custody of the deputy director and the director of operations, that exhibit indicates that it is signed by, or received by the prosecutor of DLEAG. And then, what I would say, the question is, Abdoulie Ceesay, who signed and received those exhibits, was the one who had posted all these documents from DLEAG to the court.
Modou Camara: Abdoulie Ceesay signed the weight book, but he did not receive the exhibit. He only signed as the prosecutor of DLEAG at the court.
Adjourned to Tuesday, 8th April at 1-2pm