Two men and a woman accused of trafficking in ganja were on Monday remanded to prison after they appeared before Acting Chief Magistrate, Priya Sewnarine-Beharry at the Georgetown Magistrate’s Court.
The allegation is that on November 19 in Georgetown, Estworth Phillips, Malika Holder and Lavent Braithwaite had in their possession 39 grams of cannabis for the purpose of trafficking. The defendants who all reside at Lot 1 Roxanne Burnham Gardens pleaded not guilty to the joint charge of possession of narcotics for the purpose of trafficking when it was read to them by the acting chief magistrate.
Customs Anti-Narcotics Unit (CANU) Special Prosecutor, Oswald Massiah, told the court that on the day in question, CANU officers acting on information went to the trio’s home where the illegal substance was found in a transparent plastic bag. According to Massiah, the officers suspected that inside the bag was ganja and after a test was carried out, their suspicions were confirmed.
Attorney-at-law Glenn Hanoman, who represented the defendants in association with attorney Adrian Thompson, applied for reasonable bail for his clients saying that they have no previous convictions, pose no risk of flight, have fixed addresses and have been cooperating with police investigations. In his bail application, Hanoman said that he is well aware that for bail to be considered in such a matter, special circumstances relating to the offence and not the offender must first be proven.
According to the attorney, he was instructed that the residence in question is home to a number of different persons and families.
This, he argued, forms the basis of a special circumstance. The attorney contended that while his clients have been charged and placed before the courts for the offence, the court must take into consideration that it could have been the other occupants of the house to whom the cannabis belonged. “This issue of multiple-occupancy must be addressed,” he asserted.
Hanoman added that the fact that one of the male defendants is 17 years old, allows for the law to visit him with less severity as opposed to adults. This, he said, is also a special circumstance. The attorney further pointed out that Holder is the caregiver of two minor children.
Massiah, in asking that bail be denied, said that the three, who are unemployed, were preparing the prohibited substance for marketing purposes. This will be well ventilated at the trial, he said.
After listening to the arguments, the prosecution’s request was granted and the trio was subsequently remanded to prison until November 26. While the male defendants calmly exited the court after being remanded, Holder wept bitterly.
