A man was freed of a narcotics charge on Friday after a city magistrate upheld a no-case submission in his favour.
Ray Sandiford was on trial before Magistrate Dylon Bess on a charge that on November 30th, 2018, at D’Urban Park, he had in his possession 116 grammes of cannabis for the purpose of trafficking.
It was the police’s case that rural constables, acting on information, visited D’Urban Park, where it saw the defendant sleeping in a hammock in the northern stand. Sandiford, police said, allegedly threw a black bag from his hammock to the ground upon seeing the officers. A search was conducted and the narcotics mentioned in the charge were found.
Sandiford, was represented by attorney Bernard DaSilva, who made a no-case submission during an earlier hearing. The attorney argued that in the prosecution’s case it was stated that Sandiford was seen and contacted by two Rural Constables on the night of the November 29th, 2018, at about 8.30 pm but the particulars of the offence stated that he was in possession of the drugs on November 30th, 2018. This, the attorney, had argued, was not amended by the prosecution prior or during the trial.
The attorney had also argued that there was no black bag presented to the court, in which the narcotics were allegedly found, nor was there an exact location given of where on the northern side of D’Urban Park the drugs was found since there are several stands there.
Additionally, Da Silva argued that the prosecution sought to rely upon an oral statement allegedly made by the defendant before he was cautioned. Taking into consideration the submissions previously made by the attorney and the prosecution’s reply, Magistrate Bess upheld the no-case submission and dismissed the charge.
