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The Banjul High Court issued an order to release four Portuguese nationals who had been languishing for more than two month in DLEAG custody without being charged with any crime.

The Gambia Drug and Law Enforcement Agency (DLEAG), on suspicion of cocaine trafficking, arrested four Portuguese nationals.

Last Friday, Justice Sheriff B. T. Tabally ordered that the DLEAG release the prisoners from State custody.

On 29 June 2024 four Portuguese ladies, namely Cabral RoelVilma, Tavares Medes Miriam, Dos Santos Futado Ana Patricia, and Almada Martns SimaraNadiny were reportedly arrested by anti-narcotics officers stationed at the Banjul International Airport. They were accused of trafficking 30 blocks weighing 33kg and 600g of cocaine during the departure operations for Barcelona bound Vueling flight VY 7575.

In his ruling on the application submitted by defense lawyer Sheriff Kumba Jobe, the presiding vocational Judge Sheriff B. Tabally stated that the State prosecutors had been duly served but that they did not appear. They claimed that they failed to file a reply and “thus, this application is uncontested”.

“It’s significant to note that three principal state counsels were in Court at the time this matter was called, and they all took leave to go outside and so they didn’t participate in this proceeding even though the State had been served with the process,” Justice Tabally said.

He said that it was the duty of the state to justify the arrests of the applicants [suspects] In the instant case, it was added that the allegation regarding the arrest of the applicants with no charge against them had not been denied.

He said that it was up to them to prove whether the arrest or detention in question was legal.

He said that he found that the court had determined that the applicants “are entitled to relief sought”, including their immediate release from detention. Justice Tabally noted the court’s decision, considering that the applicants are entitled to immediate release. [suspects] They have been detained for more than two months without a trial, and there is no pending charge. It is in the interests of justice that these prisoners are released unconditionally.

“Therefore, it is ordered that the applicants are released unconditionally from the custody of the Drug Law Enforcement Agency of The Gambian and or State with immediate effect,” Justice Tabally decided.