By Kemeseng Sanneh (Kexx)
A High Court judge in Banjul has acquitted four Portuguese women in a major cocaine trafficking case, ruling that the prosecution failed to provide sufficient evidence to support charges against them. The court, however, ordered five Gambian airport staff members to stand trial on related charges.
Justice Ebrima Jaiteh, delivering his ruling on a no-case submission filed by the defence, dismissed all charges against the four women—Vilma Cabral Roel, Ana Patricia Dos Santos Furtado, Simara Nadiya Martins, and Miriam Maria Mendes—because there was no prima facie case to answer.
The high-profile case stems from the June 29, 2024, seizure of 30 blocks of cocaine at Banjul International Airport, allegedly intended for transport to Barcelona, Spain via Vueling Airlines. All nine individuals—four foreign nationals and five Gambians employed at the airport—had been charged with three counts: possession of prohibited drugs for trafficking, dealing in prohibited drugs, and conspiracy to traffic drugs.
The accused entered not guilty pleas on October 30, 2024. During the trial, the prosecution called 17 witnesses and submitted physical evidence, including cautionary and voluntary statements, 30 blocks of cocaine recovered from three pieces of luggage, weight certificates for the drugs, and €26,950 in cash.
After the prosecution rested its case, defence counsel Sheriff Kumba Jobe filed a no-case-to-answer motion for the first four defendants, arguing that the state had not demonstrated any direct link between the Portuguese nationals and the cocaine discovered.
State Counsel M. Sarr opposed the motion, asserting that the state had established a prima facie case that required all nine defendants to open their defence.
In his ruling, Justice Jaiteh emphasised that the court’s role at this stage was not to determine guilt, but rather to assess whether the prosecution had presented enough credible evidence to justify a continuation of proceedings. He cited Section 208 of The Gambia’s Criminal Procedure Code and referenced the practice established in English common law, as well as relevant case law, including IGABELE v. The State [2005] 1 NCC.
“A no-case submission may be upheld when there is no evidence to prove an essential element of the alleged charge, or when the evidence presented has been so discredited or is so inherently unreliable that no reasonable court could convict based on it,” Justice Jaiteh said.
The judge found that the prosecution’s case against the four Portuguese women failed on both grounds. “Notably, none of the seventeen prosecution witnesses have directly identified or linked the 1st to the 4th accused persons to possessing illegal substances on the specified date and location,” he ruled.
He added that the women were not found with any cocaine in their possession, and that the arrests were based on “suspicious behavior” rather than any direct evidence. The court further dismissed the state’s claim that a shared Passenger Name Record (PNR) among the women constituted proof of conspiracy.
“The assertion that the accused presented a singular Passenger Name Record does not substantiate a criminal conspiracy,” Justice Jaiteh said.
Consequently, the court accepted the defence’s submission of no case to answer and acquitted and discharged the first to fourth accused persons—Roel, Furtado, Martins, and Mendes—on all charges.
However, Justice Jaiteh found that the prosecution had presented a prima facie case against the five Gambian co-accused—Seedy Ceesay, Lamin Ceesay, Yaya K. Jatta, Modou Bojang, and Muhammed Jallow—each of whom worked in various capacities at the airport.
In a detailed breakdown of the evidence, Justice Jaiteh said:
- Seedy Ceesay allegedly received a phone call and then handed over three pieces of luggage and €21,000 in cash to Lamin Ceesay. “His failure to clarify these details can significantly undermine his position, suggesting complicity in a larger conspiracy,” the judge noted.
- Lamin Ceesay, an airport employee, was said to have received and then transferred the luggage and cash to security officer Yaya Jatta. “He was an active participant aware of the illicit nature of the act,” Justice Jaiteh said.
- Yaya K. Jatta, also an aviation security officer, allegedly orchestrated the entire plan by recruiting Bojang and overseeing the luggage transfer. His actions “raise significant concerns about the integrity of airport security protocols.”
- Modou Bojang, approached by Jatta, was said to have knowingly agreed to transport the drug-filled luggage. The judge noted that Bojang also received a call about flight options and expected payment, indicating “a collaborative effort.”
- Muhammed Jallow, another security officer, was accused of failing to take action when confronted with the situation and allegedly attempting to negotiate a bribe. Justice Jaiteh described his conduct as “a grave lapse in his duties.”
“The detailed accounts provided by the fifth to ninth accused persons demonstrate a coordinated effort toward the contravention of prohibited drug laws,” the judge concluded.
The court ordered the five remaining accused to open their defence in a full trial, which is expected to continue in the coming weeks.
