A young man who was under trial on drug possession charge have been acquitted and discharged by Magistrate Malafy Jarju of Banjul Magistrates’ Court, Monday.
Magistrate Jarju freed Ebrima Camara for what he referred as the failure of the Drug Law Enforcement Agency of The Gambia to prove their case beyond reasonable doubt against the convict.
The presiding magistrate said to prove their case against Camara, the prosecution called four witnesses who gave evidences with the tendering of some exhibits in support while Camara himself opened his defence without calling any witness.
Analyzing the evidences and the applicable law, the presiding magistrate said the fourth and fifth prosecution witnesses in their testimonies said they found Camara with some boys on the street and Camara threw away the bag containing the suspected cannabis and they all ran away and Camara was later apprehended and charged.
According to him, the fourth prosecution witness, Kebba Bah stated that nothing was found on Camara when he was searched.
He said since the beginning, Camara had denied ownership of the bag, saying it is the duty of the prosecution to prove Camara’s guilt beyond all reasonable doubt.
He said the issue for determination in the case is whether Camara was the owner of the bag that was found on the ground, saying it was common in the prosecution witnesses testimonies that Camara was spotted sitting with other boys and that it was him who threw the bag containing the suspected cannabis. “Camara vehemently denied the version of the witnesses and the mind is beclouded with doubt to as whether he actually threw away the bag. The fact remained that there were other boys sitting at the same place. The testimony of anyone of those boys would have shed light on who actually own the bag.”
The magistrate further stated that he found it as fact that the prosecution did not discharge the legal burden required in proving Camara guilty as charged.
by Amie Susso