When the case was called, Lawyer Ella Rosaline Dougan who held brief for the Director of Public Prosecutions (DPP) informed the court they had filed a Nolle prosequi (a formal notice of discontinuance of their case) dated 22nd June 2015.
She added that the application is brought under section 64 of the Criminal Procedure Code (CPC) and section 85(1) paragraph (c) of the Constitution of the Gambia. Lawyer Dougan urged the court to discontinue the case.
There was no objection from Lawyer Ida Drammeh defence counsel for the accused person.
The trial judge in his ruling and the judge said by consent of both parties the case is hereby discontinued.
“In any criminal case and at any stage thereof before verdict or judgment, as the case may be, the Attorney General may enter a nolle prosequi, either by stating in court or by informing the court in writing that the state intends that the proceedings shall not continue, and thereupon the accused shall at once be discharged in respect of the charge for which the nolle prosequi is entered, and if he has been committed to prison shall be released, or if on bail his recognisances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts.”
It is not known whether the accused has been released or not in accordance with section 64 of the CPC.
It could be recall that Shyben A. Madi and Sons limited, George S Madi, Fatara Charles Victor Shyben MadiFatara, George Madi Jr. Fatara 4th accused and Carmen Gomez MadiFat ara were charged with aggravated drug trafficking and conspiracy to commit an offence of aggravated drug trafficking
Before the accused appeared in court to face the charges, the defence, including Lawyers Ida D Drameh, Amie N. D Bensouda, Hawa Sisay Sabally and Y. H. Cox, filed a motion urging the court to refer the summons to the Supreme Court to determine whether section 43A of the Drug control Act 2010 under which they are charged is made in excess of legislative authority.
The presiding judge had scheduled to rule on this motion on 7th July 2015 but this was aborted by the filing of a nolle prosequi.