Magistrate Court Sentences Sulayman Jallow for Drug Possession

21

By Kemeseng Sanneh (Kexx)

A Magistrate Court in Banjul has convicted a young man of drug possession and handed down a fine of D25,000 or, in default, a year’s imprisonment.

Principal Magistrate Muhammed Krubally delivered judgment against Sulayman Jallow, who was found guilty of possessing cannabis. The charge stemmed from an incident on December 14, 2023, when Jallow was stopped at Lancaster Street in Banjul and searched by narcotics officers. He was later accused of concealing seven rags of cannabis resin in his underwear.

The state charged Jallow with a single count of possessing prohibited drugs under section 35 (1) (a) of the Drug Control Act 2003. At trial, the prosecution called five witnesses to testify, including narcotics officers Lamine Senghore and Ansumana Manjang. Both told the court that Jallow had been apprehended during a patrol operation and that the substances taken from him were later confirmed through an analytical report, admitted as Exhibit F.

In his own defence, Jallow insisted he was innocent. He told the court he had been standing at a shop when “two boys ran past and threw something on the ground.” According to his testimony, two men then confronted him and claimed the object was “hashes.” Jallow alleged that he was pressured to accept responsibility for the drugs and that he had not been present when the analytical tests were carried out.

Magistrate Krubally rejected Jallow’s version of events. The court held that the prosecution had “proven its case beyond a reasonable doubt,” relying on the analytical report and corroborating testimony from officers who carried out the arrest.

Before sentencing, the prosecution acknowledged that Jallow was a first-time offender. Taking the stand once more, Jallow pleaded for leniency. He described himself as a professional footballer, explaining that he had been scheduled to travel to Senegal for trials before his arrest.

In delivering the sentence, Magistrate Krubally noted both the seriousness of the offence and the mitigating factors. The court cited Nyabally v. The State, a case that cautioned against imposing custodial sentences on first-time offenders. “The Gambia’s drug laws strictly prohibit drug possession,” the magistrate said, but added that a non-custodial sentence was appropriate in this case.

Jallow was sentenced to pay a fine of D25,000. Failure to pay will result in a custodial term of one year.

Both the prosecution and the accused were reminded of their right to appeal the judgment.