Court dismisses cocaine trafficking charge against Soesdyke nightclub operator

Principal Magistrate Judy Latchman on Tuesday dismissed a cocaine trafficking charge against Leon Nicholas on the premise that the prosecutors failed to prove that he possessed 6.7 kilograms (kg) of cocaine with intent to traffic.
Nicholas, who was represented by Defence Attorney Siand Dhurjon, had submitted upheld submissions which were upheld by Magistrate Latchman after a lengthy trial at the Diamond Magistrate’s Court.

Police stated that Nicholas was arrested on September 1, 2023, at the A1 Nightclub and Bar at Back Road, Soesdyke, East Bank Demerara, during a Police operation.
Acting on intelligence, Police officers reportedly raided the premises and discovered the cocaine in an apartment allegedly rented by Nicholas.
Under the Narcotics and Psychotropic Substances Control Act, where the Police discover any amount of cocaine above 2 grams (g), the law presumes that the cocaine was held for the purpose of trafficking, and the defendant has the burden of proving otherwise to the court.
Bail is also not to be granted in such cases unless special reasons exist under that legislation.
During the trial, Police testified that the drugs were found in a salt bag in the apartment’s toilet area, but the accused maintained that the drugs were not discovered in his presence and that another individual – who was never investigated – had rented the apartment and held the only key.
To support this claim, Dhurjon presented utility bills and property documents in a third party’s name.
Under cross-examination, Police witnesses were questioned on the legality of the search, Nicholas’s absence during the raid, and whether he had ever admitted ownership. Nicholas told the court he had rented the apartment to someone else a month before the raid and had no access to the room, which Police entered through an unlocked window.
In her ruling, the magistrate stated, “Outside of finding Mr Nicholas within the perimeter of A1 Night Club and Banquet Hall, there is absolutely no evidence to establish that he had control of the cocaine. There is no evidence to prove that he knew of the existence of the cocaine in Room Five. And in these circumstances, I find Mr Leon Nicholas not guilty, and this case is dismissed.”
It was reported that an intelligence-led operation travelled to the popular nightclub in Soesdyke, East Bank Demerara, where a search was conducted on the premises. During the operation, Police entered a room that was securely locked but unoccupied.
While searching the bathroom area in the presence of the businessman, the Police noticed a salt bag. Upon opening it, they found parcels wrapped in black and transparent Scotch tape, which were later determined to contain cocaine.
When questioned, the businessman stated that he had rented the room to an individual just over a month ago but had no information about the tenant’s identity or whereabouts.