By Kemeseng Sanneh (Kexx)
Principal Magistrate Krubally of the Banjul Magistrate Court on Monday acquitted Babou Jobe and Dawda Sambou, two men accused of possessing 700 grams of cannabis sativa, after ruling that the prosecution failed to prove its case beyond reasonable doubt.
The pair was charged under Section 35(2)(b) of the Drug Control Act 2014 following a February 8, 2024, raid by narcotics officers at the Banjul City Council. Prosecutors alleged that the two were found with 25 parcels, 38 wraps, and some loose quantities of cannabis. Both accused pleaded not guilty.
Narcotic officers testified that Jobe and Sambou were caught smoking cannabis at the scene and that a multi-colored bag containing the drugs was recovered from a cupboard inside the house. However, the defence denied any connection to the drugs, claiming a third person—who allegedly possessed the substances—escaped during the operation.
Babou Jobe testified that he and Sambou were sitting at the entrance of an unfinished building when the officers arrived. He claimed another individual was found with a “half joint” and taken away, and that he later saw officers with a bag of cannabis, which he denied owning.
Dawda Sambou supported this version, saying nothing was found on them during the search and that they had no knowledge of the bag the officers later presented.
The court considered key issues: whether the drugs were in the possession of the accused and whether the prosecution had proved its case beyond reasonable doubt. Magistrate Krubally underscored that the burden of proof lies with the prosecution and cited Section 141(1) of the Evidence Act and the landmark case of Woolmington v DPP to support his reasoning.
The magistrate found inconsistencies in the testimonies of prosecution witnesses, particularly regarding the number of individuals present and the exact circumstances of the drug discovery. He noted that the prosecution failed to establish who had control over the drugs, especially with one person reportedly fleeing the scene.
“There was no direct evidence linking the accused to the drugs,” Magistrate Krubally said, ruling that the prosecution failed to establish the essential ingredients of the offence.
He accordingly acquitted and discharged both Babou Jobe and Dawda Sambou.
