16.784 Kg cocaine bust: High Court grants cocaine trafficking suspect $750,000 bail

Justice Gino Persaud on Tuesday granted bail in the sum of $750,000 to Fawaaz Barakat, one of the three men charged in connection with the 16.784-kilogram (kg) cocaine bust at MovieTowne, Turkeyen, East Coast Demerara (ECD). As part of the bail conditions, Barakat is required to lodge his passport and all travel documents with the court and report to the headquarters of the Customs Anti-Narcotic Unit (CANU) on the first Monday of every month until the hearing and determination of his case. The decision came after Attorney-at-Law Bernard Da Silva successfully moved to the High Court for judicial review of an earlier ruling by Senior Magistrate Clive Nurse, who had denied bail to Barakat. Barakat, 34, of Ocean View Drive, Ruimzeight Gardens, West Coast Demerara (WCD), was jointly charged with Collin Moore, 35, of Prince William Street, Plaisance, ECD, and Martin Gomez, of Herstelling, East Bank Demerara (EBD).

The trio first appeared before Magistrate Abigale Gibbs at the Sparendaam Magistrates’ Courts in July, where they all pleaded not guilty to the charge of possession of cocaine for the purpose of trafficking, contrary to Section 5(1)(a)(i) of the Narcotic Drugs and Psychotropic Substances (Control) Act, Cap. 10:10. The charge alleged that on June 9, at MovieTowne Mall, Turkeyen, the men had 16.784 kg of cocaine in their possession for the purpose of trafficking. According to reports from CANU, officers acting on intelligence intercepted two motor cars in the vicinity of Turkeyen, where several parcels containing a whitish powdery substance suspected to be cocaine were found. Five people were initially taken into custody following the operation.
During the initial hearing, the prosecution objected to bail for Barakat and Moore, citing the seriousness of the offence and the possibility that the third defendant, Gomez, a Venezuelan national, posed a flight risk. However, Defence Attorney Bernard Da Silva later applied to the High Court under Section 20 of the Bail Act No. 21 of 2022, arguing that Barakat’s prolonged detention without trial, coupled with the confession of one of his co-defendants, constituted special reasons for bail.
The application, filed on behalf of Barakat’s sister, Falisha Farzana Barakat, stated that Barakat had no previous convictions, was a family man with three minor children, and suffered from chronic medical conditions, including diabetes.
Da Silva contended that Barakat’s continued incarceration amounted to “punishment before trial”, especially since the matter had been adjourned multiple times, with the trial date set for February 10, 2026, seven months after the defendants were first charged. The affidavit in support of the application highlighted that on September 8, co-accused Collin Moore pleaded guilty in open court and accepted full responsibility for the drugs, stating, “Your Worship, the drugs are mine. I take full responsibility.” Moore was subsequently sentenced to four years’ imprisonment and fined $25,176,000 after the cocaine was valued.
Da Silva argued that the Magistrate failed to give proper weight to the confession and other mitigating factors, which he said should have influenced a decision in favour of bail. In granting bail, Justice Persaud agreed that the circumstances justified judicial intervention. He emphasised that the presumption of innocence remains a cornerstone of the justice system and that bail is not to be used as a tool of pretrial punishment. Justice Persaud also noted that the Bail Act of 2022 empowers the High Court to review and reverse Magistrates’ decisions where necessary in the interest of justice. Barakat was represented by Attorney-at-Law Bernard Da Silva, while Martin Gomez is represented by Attorney Siand Dhurjon. The prosecution is being led by CANU officers.