 |
|
| Author |
 Topic  |
|
|
Momodou
Denmark
11640 Posts |
 Posted - 13 Oct 2011 : 09:10:39
|
Gambia court convicts 8 of cocaine trafficking
October 12, 2011 by The Associated Press /
(AP) -- A court in the tiny African nation of Gambia has convicted eight foreigners of trafficking cocaine and sentenced them each to 50
years in prison.
Officials also announced Wednesday that a Dutch citizen who was charged in the case had died while incarcerated.
Four Venezuelans, two other Dutch nationals, one Nigerian and a Mexican citizen had pleaded not guilty to the charges. Their arrests
led to the seizure of two tons of cocaine.
The fragile states along Africa´s west coast have become major trafficking hubs for cocaine on its way from Latin American coca
fields to the European market.
The coastline is dotted with small islands that are especially attractive to traffickers. Part of the two-ton haul was found on an
island off Gambia´s coast.
Related Topic:Gambia jails eight in huge drugs bust
|
A clear conscience fears no accusation - proverb from Sierra Leone |
|
|
Momodou
Denmark
11640 Posts |
Posted - 13 Oct 2011 : 13:13:03
|
Cocaine 9 sink
By Fatou Sowe
Thursday, October 13, 2011
Principal Magistrate Sheriff Tabally of the Banjul Magistrates Court on Wednesday, 12th of October 2011 delivered judgement in the Cocaine 9 trial, a nine-count criminal charges filed in by the state against Rudy Rasoel Hamid Ghazi and seven others, excluding Dennis Wilgo Winter (the 4th accused), who was confirmed to have died while under custody at the State Central Prisons, Mile 2.
The convicts; namely Rudy Rasoel Hamid Ghazi, Juan Carlos Sanchez, Esteaban Zanvalla, George Sanchez, Louis Dose Fermin, Eric Bottini, Ephriaim Micheal Chiduben and Juan Carlos Diaz, all non-Gambians, were jointly charged on three counts of conspiracy to trafficking prohibited drugs, drugs trafficking and dealing in prohibited drugs respectively.
The particulars of the offence on count one, conspiracy to traffic in prohibited drugs indicated that the convicts on diverse dates between the year 2009 and 12th May 2010 at Bonto Village and other places in The Gambia, within the jurisdiction of the court conspired amongst themselves and others at large to traffic in cocaine, a prohibited drug and thereby committed an offence.
On count two, drug trafficking, the particulars stated that the convicts and others now at large, between the year 2009 and 12th May 2010 at Bonto Village, in West Coast Region had in their possession 2 tons, 343kg, 380grams of cocaine for the purpose of drug trafficking.
The particulars of the offence of dealing in prohibited drugs revealed that the convicts, and others now at large on diverse dates, between the year 2009 and 12th May 2010 at Bonto Village and other places within and outside The Gambia acquired 2 tons, 343kg, 380grams of cocaine, a prohibited drug.
On the other hand, the second convict Juan Carlos Sanchez was charged with additional six other criminal offences relating to firearms and ammunition.
The said convict is charged on count four to nine (4 – 9) of the charge sheet for having firearms without authority, having ammunition without authority, importation of firearms without valid license respectively, all contrary to the Arms and Ammunition Act, Cap 21, Volume III, Laws of The Gambia.
On count four, having firearms without authority, the particulars disclosed that the second convict between the year 2009 and 14th May 2010 at Kuloro in the West Coast Region had in his possession AR-15-A2 rifle (American type) CAL223, with serial number 0458457, without proper authority to possess it, thereby committed an offence.
According to the particulars of the offence on count five, the second convict between 2009 and 14th May 2010 at Kuloro Village, in the West Coast Region had in his possession rounds of live ammunition without proper authority and thereby committed an offence.
On count six, the particulars stated that the second convict between 2009 and 14th May 2010 at Kuloro, in the West Coast Region had in his possession a shot gun (Russian type) with serial number 05028036, without proper authority, thereby committed an offence.
On count seven, having firearms without authority, the particulars indicated that the second convict, Juan Carlos Sanchez, between the year 2009 and 14th May 2010 at Kuloro Village, in the West Coast Region within the jurisdiction of the court had in his possession a Gluck hand gun pistol (Austrian) with serial number AGG116NoEDR, without proper authority and thereby committed on offence.
On count eight, the particulars of the offence stated that the second convict between 2009 and 14th May 2010 imported into The Gambia AR-15-A2 rifle (American type) CAL223 with serial number 0458457 from the Republic off Guinea Bissau without a valid licence and thereby committed an offence.
The particulars of the offence on count nine revealed that the second convict between the year 2009 and 14th May 2010 imported into The Gambia a shot gun (Russian type) with serial number 05028036, from the Republic of Guinea Bissau, without a valid licence and thereby committed an offence. The convicts pleaded not guilty to all charges and the trial was opened.
Compensation argument
The director of Public Prosecution (DPP), Mikailu Abdullahi informed the court after reading the judgement that the 1st, 2nd, 3rd, 5th, 6th, 7th and 9th convicts had no previous records of conviction but the 8th convict has a previous record of conviction, as he was convicted on drug related charges by the said Banjul Magistrates Court on case number BMC/101/10, on the 1st of December 2010 and he (the 8th convict) was sentenced to 1 year and 6 months imprisonment and in addition, he was sentenced to pay a fine of D2 million in default to serve 6 years imprisonment.
The DPP further applied under Section 145 Sub-Section 1 of the Criminal Procedure Code that the prosecution was asking for a sum of D300, 000 as compensation.
Lawyer L.S. Camara objected to the application of the DPP and said that the cited section doesn’t apply to this particular case. Meanwhile the court did not give any order for compensation.
Plea of mitigation
Lawyer L.S. Camara on behalf of the convicts, except the 8th convict, in his plea informed the court his clients are first time offenders and the first convict is approaching his 60s and has major health problems.
He described his other clients as middle aged, adding that all the convicts are family men and they are the breadwinners of their respective families.
He stated that the convicts have been under custody since the day of their arrest and he urged the court to put that into consideration. He finally urged the court to impose a monetary fine only on the convicts.
For the 8th convict, whose lawyer, E.E Chime, disappeared from the court premises while the magistrate was handing down his judgement, made a plea of mitigation on his own and said that he urged the court to temper justice with mercy as he is married and his family is in the USA, but he could not reach any of them since the case started. The presiding magistrate sentenced them accordingly.
Sentence
On count one, all the convicts were sentenced to pay a fine of D20 Million in default to serve 20 years imprisonment each, and on count two they are all sentenced to a mandatory jail term of 20 years.
On count three, the convicts were sentenced to pay a fine of D50 Million in default to serve 50 years imprisonment each, plus a mandatory term of 50 years.
For the second convict, Juan Carlos Sanchez, he was sentenced to a jail term of 3 years on count four, 1 year on count five, 3 years on count six, 1 year on count seven, 3 years on count eight and I year on count nine.
Recast
Due to the plead of not guilty entered by the convicts the prosecution called 19 witnesses who testified in their favour. The defence counsel for the eighth convict (Ephriaim Micheal Chiduben) Lawyer E.E. Chime cross-examined only three out of the 19 prosecution witnesses who testified, while Lawyer Lamin S. Camara, the defence counsel for the rest of the convicts, cross-examined them the prosecution witnesses all.
After the prosecution closed its case, Lawyer E.E. Chime decided that his client (the eighth convict) would rest his case on that of the prosecution’s, while L.S. Camara filed in a no-case to answer submission, which was overruled, and he was called upon to open defence in the case. In the defence case, only three out of the eight convicts L.S Camara was representing testified and they are: Rudy Rasoel Hamid Ghazi, Juan Carlos Sanchez and George Sanchez.
After both parties presented their evidences, the court ordered for them to file in written addresses which was done and the case was set for judgement, that was delivered yesterday by the presiding magistrate, Sheriff Tabally, in which he found all the accused persons guilty of all the offences charged.
Source: Daily Observer |
A clear conscience fears no accusation - proverb from Sierra Leone |
 |
|
|
kobo
United Kingdom
7765 Posts |
Posted - 13 Oct 2011 : 15:56:52
|
1. FREEDOM REPORTS;
"The one billion dollar cocaine trial ended with the jailing of the suspects to fifty years in jail, a court in The Gambia heard on Wednesday. Among the convicts include: Four Venezuelan nationals, two Dutch citizens, a Mexican, and a West African Nigerian National, the court heard. Baboucarr Jatta, a chief paramedic at the Mile Two prisons said one of the accused persons , Dose Fermi, a Venezuelan died on Sunday October 9th, barely three days before the court’s judgment. The paramedic’s declaration without medical evidence to confirm the cause of the inmate’s death, led to speculations that the Venezuelan might have been secretly released from custody."
"On October 8th, one day before the alleged demise of the inmate, this paper received an e-mail from a person claiming to be well connected with the Jammeh Government stating that the drug suspects were released from custody after bribing their way to leave the country."
MORE FROM FREEDOM NEWS Breaking News: Gambia: Controversy Surrounds The Outcome Of One Billion Dollar Gambian Cocaine Case!
2. AND THE POIT REPORTS;
"The prison authorities have confirmed the death of one of the accused persons on trial at the Banjul magistrates’ court in connection with the multi-million dollar cocaine case involving nine foreign nationals.
News of the death of one of the accused persons, remanded in custody at the State Central Prison Mile 2, came to light in court yesterday after the defence counsel, L.S. Camara, enquired about his client, and the court was later informed that Dennis Wilgo Winter, a Dutch national, passed away in prison custody."
MORE FROM THE POINT NEWS Prison authorities confirm death in custody |
Edited by - kobo on 13 Oct 2011 16:13:55 |
|
|
|
Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 13 Oct 2011 : 16:08:37
|
I think a Coroner's Inquest should be instituted to determine the circumstance and cause of death since the detainee died in lawful custoday with the state owing him a duty of care.
It also has to be determined whether the duty of care owed to the detainee by the state was breached and if breached, whether that breach was a principal or contributory factor to the detainee's death. This will enable the prison authorities to learn lessons and adopt measures that would help them to stop or mitigate future occurrance of incidents of this nature.
I hope the Injustice Minister Gomez reads this advice.
Cheers |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 13 Oct 2011 16:11:48 |
|
|
|
kobo
United Kingdom
7765 Posts |
Posted - 13 Oct 2011 : 16:17:54
|
WHICH IS ACCURATE?
1. FREEDOM REPORTS; "one of the accused persons , Dose Fermi, a Venezuelan died on Sunday October 9th" 
AND
2. THE POINT NEWS; "I.S Camara, enquired about his client, and the court was later informed that Dennis Wilgo Winter, a Dutch national, passed away in prison custody." |
|
|
|
Prince
507 Posts |
Posted - 13 Oct 2011 : 22:05:47
|
These people are a complete joke.... they cannot even make a consistent lie.
The National Drug Enforcement Agency (NDEA) has successfully made one of the biggest drug seizures in Gambian history in their quest to make the country a drug-free environment following the arrest of 12 suspects.-- http://observer.gm/africa/gambia/article/drug-agency-makes-big-catch-seize-cocaine-worth-over-us1bn
Now they are left with seven convicts (most likely the rank and file). The court was also not informed an inmate's alleged death else his lawyer won't be asking about the inmate's whereabouts in court. |
|
|
|
Momodou
Denmark
11640 Posts |
Posted - 14 Oct 2011 : 08:06:15
|
| My guess is that the big fish paid their way out. |
A clear conscience fears no accusation - proverb from Sierra Leone |
|
|
|
kobo
United Kingdom
7765 Posts |
|
| |
Topic |
|
|
|
| Bantaba in Cyberspace |
© 2005-2024 Nijii |
|
|
|
Topic Locked
