Magistrate Hillary Abeke of the Banjul Magistrates Court, yesterday  August 10th 2010, adjourned the ongoing cocaine case involving 12 accused persons, namely: Memunatu Sesay, Fernando Varela, Barset Godwin, Ephraim Michael Chidubem, Dennis Wilgo Winter, Juan Carlos Sanchez, Eric Bottini, Juan Carlos Diaz, Louis Dose Fermin, George Sanchez, Rudy Rasoehamid Gazi and Esteaban Zavala, to Thursday 19th August 2010 for ruling.

The magistrate's decision came on the heels of arguments and counter-argument made by both the defence team comprising of Lamin Camara and E.E Chime; and Nebou Jones, a senior state counsel respectively. The defence made an objection to the state counsel's application for the 12 accused persons to take their plea to two fresh counts of conspiracy to commit felony and drug trafficking, all contrary to the Laws of The Gambia.The defence argued among other things, that the accused taking plea to the new counts will amount to duplication of the charges against them.

The state counsel urged the court to ask the accused persons to take their pleas, on the ground that, such will not amount to any duplication as put forward by the defence team. The state counsel, at the last adjourned date urged the court to give her time to enable her to respond to the submission of the defence team and the application was granted.

The state counsel's submission
Nebou Jones recalled the submission of the defence counsel with regards to the issue of more charges against accused person(s), especially in the instant case. According to her, the accused persons were charged with the offence of conspiracy to commit felony and drug trafficking. She made reference to the argument of the defence about lack of specificity on what is meant by prohibited drug. "Your worship, phrases like prohibited drugs and also more than two and half tons of drug as pointed out by the defence is not relevant," the state counsel told the court.

N.B Jones made it clear that, the accused persons were charged under Section 53 (1) (A) of the Drug Control Act, laws of The Gambia. The state counsel emphasised that, the objection raised by the defence counsel are not relevant, especially issues relating to the ownership of the properties in question. She pointed out Section 113 (2) (F) to back up her submission and finally urged the court to dismiss the objection of the defence.

On the wording of the offence charged, the state counsel described the submission of the defence on issues relating to wordings stated in the charges as not tenable. According to the state counsel, the charges are clear about the nature of the offence charged, that is conspiracy to commit felony and trafficking of drug and the information is clear on both the quantity and particulars.

Responding to the reply of the state counsel, Lawyer Lamin Camara observed that it’s trite law and constitutional provision for the charges to be read to the accused persons. Camara then cited Section 113 of the Criminal Procedure Code, the Section which he said made a minimum requirement for the charges to be read to the accused for the offence they are charged with. The presiding magistrate later adjourned the case to 19th August for ruling on the submissions of both the defence and the state prosecutor.