Magistrate
Malafy Jarju of the Banjul Magistrates’ Court, last week convicted and
sentenced Abdou Bojang, Imam of Ginack to pay a fine of D50, 000 by installment
in a Cannabis case he was involved in. The magistrate ruled that should Bojang
fail to pay the fine, he would serve two years imprisonment which; he said
would run from the first day of his arrest.
Delivering the judgment, presiding
magistrate Jarju said Bojang was charged with possession of prohibited drugs
for the purpose of trafficking which, he said is contrary to Section 43(4) of
the 2003 Drug Control Act. He said to prove their case; the prosecution called
four witnesses and tendered several exhibits.
The magistrate said Bojang testified
as a lone witness in his defence and failed to disapprove his ownership of the
bag as alleged by the prosecution. He said the main issue to be determined in
the case is whether Bojang was caught with the bag that was containing the
cannabis.
He said Bojang admitted knowing that
the content of the bag he was carrying was cannabis, saying Section 75 of the
Evidence Act provides that in any civil proceeding admitted needs no further
proof.
The magistrate said the prosecution
has proved that Bojang had the cannabis in his possession and he (Bojang) did
not deny or disaprove the fact, saying his only defence was that the bag was
given to him by one BakarySonko, even though he knew that the content was
cannabis.
He said Bojang’s failure to lead the
investigating officers to Bakary Sonko made it difficult to believe that he
would accept a bag containing cannabis from a total stranger in the ferry.
“Even in the event that he does not know Bakary Sonko, he must not take the bag
out of the ferry.”
Magistrate Jarju said the
prosecution had established a ‘prima facie” case against Bojang and he
therefore resolves the main issue in favour of the prosecution.
Allocutus
“I am very grateful to the court for
allowing me to take a seat instead of standing in the dock. I ran away from the
DLEA officer because of shame. I am the Imam of Ginack and I am currently
very sick. I am appealing to you to have mercy on me. I have a large family and
I am not a drug dealer. I have never consumed or engaged myself in
drug trafficking. Bakary Sonko is said to have absconded to Libya.
I therefore beg the court to temper justice with mercy on me,”
Following Bojang’s plea in
mitigation, Magistrate Jarju said he considered his age and the fact that he
had been showing remorse throughout the trial, the court would temper justice
with mercy on him even though he (Magistrate) was convinced that the cannabis
was found in his possession. “The convict has no intention to engage in
drug trafficking,” the magistrate said.
He released Bojang on bail on terms
that he shall provide one surety who shall deposit a valid national identity
card with the registrar and swear to an affidavit of means to pay D50, 000 for
a period of twelve months. He ruled that an amount of D4, 166 shall be paid
every month and the payments shall be made on or before the 5th of every month,
commencing February, 2017.
by journalist Amie Sosu
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