By Sainabou Sambou
Justice Omar Cham of the High Court of The Gambia has dismissed the appeal of Baboucarr Gaye and affirmed his conviction and sentence for drug trafficking, originally handed down by the Kuntaur Magistrate Court.
Gaye had appealed against the decision of Magistrate M.F. Fofana, who convicted him of trafficking in cannabis resin and imposed a fine of D1,000,000, in default five years imprisonment, as well as a mandatory ten-year custodial sentence with hard labour.
Evidence presented at trial showed that Gaye was arrested on 19 February 2024 in Wassu after narcotics officers found 12 grams and 200 milligrams of cannabis resin in his possession, contrary to Section 43(4)(d) of the Drug Control Act, 2003 (as amended).
The prosecution called five witnesses and tendered several key exhibits, including a black, cross-shaped bag containing the substance (Exhibit P2), the analytical report confirming it as cannabis resin (Exhibit P1), and a weighing certificate (Exhibit P4).
Gaye, however, denied the charge. He told the court he had travelled from Senegal to Wassu for medical treatment and became embroiled in a dispute after picking up a mobile phone. He insisted that what officers recovered from him was not a drug but “donkey’s dung mixed with treatment.”
Prosecution witnesses rejected his account. Narcotic Officer Sanna Fatty (PW2), who searched, testified that the substance was seized directly from Gaye and later confirmed to be cannabis resin. Officer Omar Conteh (PW4), who intervened during the commotion, corroborated the search procedure.
In his judgment, Justice Cham held that the analytical report, weighing certificate, and witness testimony proved beyond a reasonable doubt that Gaye possessed a prohibited drug. He ruled that the Magistrate had properly evaluated the evidence and imposed a lawful sentence.
The High Court accordingly dismissed the appeal and upheld both the conviction and the sentence.
