Africa-Press – Gambia. Principal Magistrate Muhammed Krubally of Banjul has acquitted and discharged Babou Jobe a mason and a resident of New Perseverance in Banjul and Dawda Sambou a private security officer of Dobson Street in Banjul.
The duo were acquitted and discharged on a single count of possessing 25 parcels, 38 wraps and other quantities of Cannabis sativa, weighing 700 grammes on 8th February last year in Banjul.
They had pleaded not guilty to the charge. The prosecution called five witnesses and tendered exhibits in a bid to prove their case against the two accused persons who did not call any witness.
Reading his judgement at the end of the trial, Magistrate Krubally stated: “No evidence was led to establish by the prosecution who was actually in possession or control of the drugs. Could it be the accused persons? Could it be the suspect who ran away? The prosecution did not lead any evidence to resolve this doubt.”
He further pointed out that the onus lies on the prosecution to prove that the accused had knowledge of his possession of forbidden articles or at least to prove facts which would justify the inference that he had such knowledge. He said the prosecution failed to establish the nexus between the accused persons and the crime of possession of prohibited drugs.
“There is no proof beyond reasonable doubt that the accused persons were part and parcel of the possession of the drugs, reasonable doubt which will justify acquittal… In the light of the foregoing, I hold that the first and second accused persons are not guilty… The prosecution could not prove its case beyond reasonable doubt. They could not establish the essential ingredient of the offence. In this circumstance, the accused persons are hereby acquitted and discharged.”
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