By Isatou Sarr
Three drug-related cases before the Banjul Magistrates’ Court have been struck out due to persistent delays by the prosecution, with the presiding magistrate criticising what he described as a lack of diligence in pursuing the matters.
Principal Magistrate Muhammed Krubally dismissed the cases, stressing the court’s obligation to uphold the constitutional right of accused persons to a fair and timely trial.
The first case involved Alagie Njie, who had been standing trial since July 2025 on charges of possession of cannabis resin allegedly found at a sand mining site in Saro. Court records showed that only one witness was called by the prosecution, while subsequent sittings were characterised by repeated absences of the remaining witness, resulting in no meaningful progress.
In his ruling, Magistrate Krubally said criminal trials must be treated with urgency, warning that unjustified delays undermine public confidence in the justice system. The case was struck out for want of diligent prosecution.
A second case involving Ebrima Sarr, charged in December 2024 with alleged possession of small quantities of cannabis and “cush,” was also dismissed. The court noted that despite being pending for nearly a year, the prosecution had presented only two witnesses.
The magistrate rejected the prosecution’s explanation for the continued absence of a third witness, describing the reasons as unconvincing. He further observed that the prolonged proceedings placed an unnecessary burden on both the court and the accused, who was conducting his defence without legal representation.
The third case concerned Baboucarr Sidibeh, arrested in April 2024 over alleged possession of “kush.” The matter stalled for more than 18 months, with the prosecution failing to produce its remaining witness despite repeated warnings from the court.
A request by the state for a bench warrant against the accused was denied, with the magistrate criticising the handling of the case. In striking out the matter, the court warned that criminal proceedings cannot be allowed to drag on indefinitely and that similar outcomes may follow in future cases where the prosecution fails to act with due seriousness.