The case against a vendor charged with cocaine possession was yesterday dismissed after Magistrate Judy Latchman found that the prosecution failed to prove its case against the man.
It was alleged that on April 25th, at Georgetown, Marlon Thomas had 18 grammes of cocaine.
Thomas, 39, who was charged in July with possession for drug trafficking, pleaded not guilty.
The man’s attorney, George Thomas, had explained that his client was not at home when the search that uncovered the cocaine was conducted. Thomas also pointed out that the residence was occupied by a number of persons.
In making final submissions on behalf of his client, Thomas pointed to the prosecution’s inability to prove that the man had physical control and knowledge of the drug.
He added that the only evidence linking his client to the house was a wallet containing his identification card that was discovered on top of a barrel during the search.
He emphasised the lack of evidence against his client was as a result of the lack of investigations by the police.
Meanwhile, Police Prosecutor Kerry Bostwick argued that the prosecution provided substantial evidence for the man’s conviction.
Magistrate Latchman eventually found that while the evidence supports the claims of the cocaine being found in the house, the prosecution failed to prove that the accused had knowledge and physical control of the substance. As a result, the case against the accused was dismissed and Thomas walked out the courtroom a free man.
