By Nicholas Bass
Justice Francis Archibonga of Banjul High Court on Tuesday revoked the bail granted to Paulo and three others by the Kanifing Magistrates’ Court and ordered a stay of proceedings at the lower court.
It could be recalled that the former principal magistrateof the Kanifing Magistrates’ Court Omar Jabang on 14 September 2023, granted Paulo Djabi and Nadine Pereira one million Dalasi bail each and must providefour Gambian sureties in the like sum as a bail requirement.
Meanwhile, Mamadu Neto Djabi and Secuna Jabi were granted bail in the sum of D300,000 each and must each provide two Gambian sureties to enable them to gain liberty as their case continues.
However, the Director of Public Prosecution (DPP), AM Yusuf, at the beginning of his submission to the court on Tuesday pointed out that the lower court lacks the jurisdiction to preside over the case and he pleaded to the court to deny the accused bail.
The DPP claimed that Paulo and his colleagues are non-Gambian nationals, noting that they might leave the jurisdiction if granted bail.
DPP Yusuf also disclosed that investigations are ongoing, noting that Paulo and co. might hinder them if granted bail.
He pleaded with the court to strike out paragraphs6,9,10,11 ,13,18,20 and 32 of the response of the defense lawyers Lamin S. Camara and KaddijatouJallow, stating that the paragraphs erred in law.
The DPP applied for an order from the court for a stayof proceedings at the Kanifing Magistrates’ Court,pending the hearing and determination of the case at the High Court.
But defense lawyers K. Jallow and C. Gaye for the 4th accused opposed his application, accusing the prosecution of lack of diligence in pursuing the matter after filing at the High Court their interim injunction on 19 September 2023, seeking a refusal of bail to the accused persons.
Justice Archibonga, however, overruled the applications of the defense lawyers, stating that the accused persons’ bail at the lower court was less than the one $1M that was alleged to have been stolen.
Justice Archibonga also said that there is the risk of the accused leaving the jurisdiction if granted bail.
” I hereby denied the accused bail,” he ruled.
He further stated that despite the 3rd and 4th accused persons; Mamadu Neto Djabi and Secuna Jabi, beingcharged with a single count, their ability to interfere with the investigation cannot be overlooked coupled with the fact that the 4th accused is not a Gambian national.
The judge said it was his view that an order for a stay of proceedings at the lower court, pending the hearing and determination of the matter at the High Court was proper.
It could be recalled that Paulo is charged with 15 counts of offenses, including conspiracy, possession of drugs, dealing in prohibited drugs, and laundering of a huge amount of Dalasi, dollar, and euro.
Nadine Perreira meanwhile is standing trial for six counts of conspiracy, possession of drugs, money laundering, and dealing in prohibited drugs. Mamadu Neto Djabi and Secuna Jabi are facing one count of conspiracy.
