Drug Trafficking Case Struck Out for Lack Of Diligent Prosecution

By Yunus S Saliu

Magistrate Kanjura B. Sambou of the Kaur Magistrate’s Court in Central River Region Monday struck out a drug trafficking case for lack of diligent prosecution.

Magistrate Sambou discharged one Modou Sarr and a certainMusa Secka of drug trafficking charges after more than one year when they first appeared in court.

He, however, stressed that the accused persons were only discharged but not acquitted.

The duo was charged with the alleged offenses of possession of prohibited drugs for the purpose of trafficking, conspiracy, and dealing in prohibited drugs

The case was severally adjourned at the instance of the prosecution on the excuse that Sarr and Secka could not be transported to Kaur from Janjanbureh due to transport challenges as there were either no vehicles to transport them or the one available had mechanical issues. In handing down his judgment, Magistrate Sambou stated that the court is not a dumping ground, underscoring that cases must proceed once registered “in this court”.

He explained that the case was first mentioned in court on 14June 2022, and since then it has suffered different adjournments.

“Therefore, inasmuch as the court sympathizes with the prosecution for lack of logistics, the court is equally very much aware of the constitutional rights of the accused to a fair trial which includes trial within a reasonable time. In the court’s view, the accused has his rights, too. In respect of this, the case is hereby struck out of the court while the accused is now discharged but not acquitted,” Magistrate Sambou emphasized.

The particulars of the offense on count one stated that ModouSar and Musa Secka on or about 25 March 2022, at SinchuNariba village in the CRR, had in their possession 15kg and900g of Cannabis Sativa for the purpose of drug trafficking.

They were reportedly intercepted as they rode on a motorbike.

The details of the offense on count two stated that Modou Sarrand Musa Secka on or about the 25 March 2022, at SinchuNariba village in the CRR, conspired among themselves to traffic 15kg and 900g of Cannabis Sativa.

Particulars of the offense on count three stated that the duo on or about 25 March 2022, at Sinchu Nariba village in the CRR, wasfound transporting 18 bundles of Cannabis Sativa on a numberplateless motorbike. The drug, according to court records, weighed 15kg and 900g.