A 27-year-old man accused of trafficking in 60 grammes of cannabis sativa was yesterday remanded to prison after appearing before Magistrate Hazel Octive-Hamilton at the Georgetown Magistrates’ Court.
The allegation against Joel Figueira is that on July 13 at Georgetown, he had in his possession 60 grammes of cannabis sativa for the purpose of trafficking.
The drinks vendor who resides at 362 West Ruimveldt denied the charge when it was read to him.
Advancing special reasons in a bail application for his client, Attorney-at-law Mortimer Codette said that many people traverse his client’s yard to make purchases from the shop which he operates.
He added that nothing illegal was ever found on his client’s person.
The prosecution, however, objected to the lawyer’s bail application on the grounds that its facts differed.
According to Sergeant Simone Payne, the defendant when confronted by police admitted that the bag in which the narcotics were allegedly found belonged to him.
She said on the day in question a party of policemen received certain information and proceeded to the defendant’s residence where he was seen standing at the gate.
Upon seeing the lawmen, the court was further told, Figueira immediately removed from his gate.
When subsequently confronted by the police and questioned about a bag which lay on the ground five feet away from where he was standing, Payne said that the accused admitted to police that the particular haversack belonged to him.
The presiding magistrate informed the attorney that his client would be denied bail because the prosecution’s case differed from his. This, she said, is a matter to be ventilated and determined at the trial. Codette then stated that the court should bear in mind that a defendant is presumed innocent until proven guilty. He further opined that the magistrate was, in essence, believing the prosecution’s case and not that of the defence.
Magistrate Octive-Hamilton, however, remonstrated that this was not the case. “I have never said that, I am not taking anyone’s side. I am simply saying that the facts differ, and that will be dealt with at the trial by the magistrate who is hearing the case. I am not hearing this case,” she said.
Arguing vociferously, Codette said he has noticed recently that the court has been denying bail for narcotics trafficking charges simply because the prosecution’s facts differ from that of the attorney.
He argued that the offence is bailable and that bail is used as a means of ensuring that the defendant returns to court to stand trial and his client is prepared to do so.
The magistrate then reminded him that it was her court and her decision was final.
“I know it’s your court, but I just needed to make that observation,” Codette said.
The lawyer then said that he would be before the High Court yesterday afternoon to apply for his client’s pretrial liberty. “The law provides for you to do so,” Magistrate Octive-Hamilton replied.
Upon hearing that he would be remanded to prison, Figueira wept as he sat in the prisoners’ dock.
The matter was transferred to Court Three for tomorrow.
