Senior Magistrate Pa Modou Njie of the Bundung Magistrates’ Court recently freed one Bubacarr Jallow, who was defending himself alongside Lamin Marong on a drug possession charge.
The magistrate said he set Jallow freed based on the grounds that the police had failed to prove any case against him.
Bubacarr Jallow and Lamin Marong are accused of being arrested with 460 grams of cannabis on March 15 this year. When the case was first brought to court, Marong accepted liability of the charge and was convicted while Jallow maintained an innocence plea. The police later called five witnesses to establish a case against Jallow.
During the judgment, Magistrate Njie found that the testimonies of the police witnesses were inconsistent. He said the first prosecution witness, Omar Badjie in his testimony said that the two were arrested when they were found both holding the bag while Babucarr Jamanka, the second witness said it was Jallow who was holding the bag.
The magistrate further stated that Badjie in his testimony has said that 20 parcels of cannabis were found in the bag while Jamanka said it was 19.
Magistrate Njie said such evidence could not be relied upon by the court. He said the police did not prove whether the bag was in possession of either of the accused persons or one of them. He said it is a trite law that in a criminal matter where doubt arises on the evidence, such doubt must be resolved in favour of the accused.
Magistrate Njie said the court has found the evidences of the police full of “inconsistencies and contradiction.” He said the court shall hold that the prosecution has failed to prove the charge against Bubacarr Jallow beyond reasonable doubt.
by Modou Kanteh