Gambiaj.com – (BANJUL, The Gambia) – Justice Ebrima Jaiteh of the Banjil high court has made a ruling during the ongoing drug case involving Pablo Diaby, and two others. The judge denied the prosecution’s application to treat Prosecution Witness 7 (PW7), Saul Frazer, as a hostile witness, emphasizing that unfavorable testimony alone does not justify such a declaration.
The case, The State v. Paulo Djabi, Nadine Ismael de Goubela Pereira, and Mamadou Neto Djabi, centers on 20 counts of serious offenses, including possession of illegal controlled substances, conspiracy, and money laundering. The three accused—Portuguese national Paulo Djabi (first accused), Nadine Ismael de Goubela Pereira (second accused), and Gambian-Portuguese Mamadou Neto Djabi (third accused)—were arrested in mid-2023 following a joint investigation by Gambian authorities and international partners.
The investigation, which involved a 20-member team from the Drug Law Enforcement Agency (DLEAG), police, Gambia National Army, State Intelligence Services, and Immigration, uncovered illegal substances and large sums of money in various currencies at Djabi’s residence in Fajara, Kanifing Municipality. Djabi has previously denied the allegations, calling state claims “untrue and false” during pre-trial proceedings and attributing certain events, such as a hotel party, to a friend.
On Wednesday, State Counsel S.L. Jobarteh, representing the prosecution, sought court permission to cross-examine Saul Frazer as a hostile witness, arguing that the testimony contradicted the prosecution’s case. However, Defense Counsel S.M. Tambadou, appearing for all three accused, vehemently objected, asserting that PW7 was “merely speaking the truth” and that no legal foundation had been established for the request.
In his detailed ruling, Justice Jaiteh underscored the stringent legal standards for declaring a witness hostile under Gambian law. “A witness may only be declared hostile where there is clear evidence that he is deliberately withholding the truth, is being evasive, or has materially contradicted his prior statement in a manner that demonstrates adverse intent toward the case of the party calling him,” the judge stated. He reviewed Mr. Frazer’s testimony, noting that the witness had answered questions directly without evasion or signs of dishonesty.
The court found no material inconsistencies between Saul Frazer’s oral evidence and prior written statements, nor any unwillingness to testify. Jaiteh stressed that the hostility remedy is “exceptional” and cannot be used to “cure evidential weaknesses” simply because a witness’s account does not favor one side. “A witness is entitled to place before the Court whatever facts he believes to be true, and the Court remains the ultimate arbiter of credibility,” he added.
The ruling ensures Mr. Frazer’s evidence will stand as presented, potentially bolstering the defense in a trial that has already seen multiple delays and procedural challenges. Earlier this year, the court issued warnings against “chronic” adjournments by the prosecution, highlighting concerns over judicial efficiency.
Saul Frazer, the owner of Global Properties earlier testified that Pablo Diaby bought three properties from him located at the Global Properties Kololi Sands development with a cost between €136,000 and €138,000.
Frazer, who said he owns 99% of the company described the transactions with the Pablo as ‘normal” and “transparent.”
The case is adjourned with both sides expected to proceed with remaining witnesses. Justice Jaiteh, known for his firm stance on procedural fairness, as seen in recent rulings in other high-profile cases like the HePDO Global Fund fraud trial, reaffirmed the court’s commitment to upholding the rule of law.
