By Bruce Asemota
The High Court in Banjul, presided over by Justice Ebrima Jaiteh has ordered The Sheriff of The Gambia and, or the Drug Law Enforcement Agency, to release 25% of restrained funds in their custody to Paulo Djabi, an accused person.
Justice Jaiteh made this order in a ruling premised on an application filed by the applicant, Paulo Djabi who asked the court to release 50% of the funds to him citing detail extensive family responsibilities, including care for minor children, dependents abroad and other close relatives.
Djabi is standing trial on multiple counts of money laundering amongst others.
According to Justice Jaiteh, Paulo Djabi has demonstrated that he is currently unemployed and unable to generate income, having been confined to the jurisdiction since the commencement of the legal proceedings.
The judge further argued since the court is bound to uphold the presumption of innocence, it would be manifestly unjust to subject a yet to be convicted individual to financial paralysis, particularly when the status provides a mechanism for accessing funds for the necessities of life and a proper legal defence.
But Jaiteh added that he is persuaded that the release of 25% of the funds is proportionate and serves the interest of justice, will facilitate the applicant’s right to a fair trial, and alleviate genuine financial hardship.
The trial judge accordingly ordered that The Sheriff of The Gambia and, or DLEAG forthwith release the said amount to Paulo Djabi to be applied strictly towards his reasonable living expenses and the costs of defending the criminal proceedings now pending before the court.
