Magistrate Crystal Lambert, this morning, sentenced Anitha Qualis to two years in prison and ordered her to pay a $754,000 fine after she pled guilty to the charge of trafficking in narcotics.
The mother of four was found was just over a pound of marijuana in Region 7 (Cuyuni – Mazaruni) on September 19.
The police alleged that on at 14:30h on the said date, ranks were on mobile patrol duty at Karrau, Essequibo River when they observed the woman acting in a suspicious manner. Qualis was questioned and she handed over a black compressed parcel containing a quantity of leaves, seeds, and stems suspected to be cannabis, which was hidden underneath her clothing.
She was arrested and taken to the Bartica Police Station and subsequently brought before the Court where she related that: “I accepted the weed, I am a mother of four, and my children’s father left for the interior, and I never heard from him again. I decided to try a thing to provide for my children.”
Her sentencing was deferred to today. She was represented by Attorney Siand Dhurjon
Although the legislation provides that the offence committed by Qualis warrants a period of imprisonment of at least 3 years, Magistrate Lambert agreed with Qualis’ attorney Dhurjon that there were sufficient and exceptional special reasons to go below the mandatory minimum provided for in the Narcotics Act.
However, the learned Magistrate disagreed with Dhurjon’s submissions that Qualis should be given no sentence of imprisonment on compassionate grounds. The attorney highlighted that his client was deprived of having opportunities in life to advanced herself. He explained that she did not attend secondary school and was a victim of sexual abuse from someone in a position of trust when she was only 11 years old.
He continued that Qualis had her first child who is now 16 when she was just 15 years old. She also bore three other children during the course of an abusive 6-year relationship: ages 10, 14 and 15.
Prior to this incident, the attorney argued that his client had no criminal record.
Dhurjon explained that as a woman she was belittled and abused and kept down by her long-time partner who eventually abandoned her.
The court heard that Qualis was abused physically, sexually and humiliated emotionally by her partner and had little opportunity to improve her conditions. Dhurjon said that after she recently lost her job at a snackette, his client felt an irresistible compulsion to do all things necessary to feed her children.
Magistrate Lambert took the attorney’s submissions into consideration and handed down the 2-year jail term. Additionally, Durjon applied for the suspension of the sentence under the Criminal Law Reform Act, Cap 11:05 which would have meant that Qualis would be released and if she reoffends then she would be reincarcerated.
However, the Magistrate refused because she stated that she “did not see reason enough for the suspension of her sentence”.
Dhurjon in an invited comment mentioned that he was retained by an Essequibo businessman affiliated with an influential Muslim organization to render services at no cost to Qualis in the Bartica Court.
He explained that the businessman has undertaken to provide gainful employment and counselling to Qualis upon her release. The attorney also stated that moves are already underfoot to appeal the severity of the sentence against Qualis and to seek her urgent release in light of the COVID-19 pandemic ravaging the prisons.
