Magistrate dismisses drug trafficking case against Shawn Lindie, nephew

The Customs Anti-Narcotics Unit’s (CANU) case against Rastafarian uncle and nephew duo, Shawn Lindie and Shawn Lindie Jr, was dismissed on Friday by Magistrate Rushelle Liverpool, who found there was reasonable doubt in the prosecution’s evidence relating to the 2022 Berbice River marijuana bust.
The decision was handed down at the Kwakwani Magistrate’s Court, marking the end of a protracted case that began over three years ago. The Lindies had been jointly charged with trafficking more than 1,580 pounds of marijuana allegedly found at a home in De Veldt, Berbice River, on March 26, 2022.

According to evidence presented during the trial, a joint maritime operation conducted by CANU officers and Coast Guard soldiers from the Guyana Defence Force (GDF) stormed the house just after midnight on March 25, 2022.
Officers used automatic weapons and special equipment to breach the home, which was occupied by the Lindies, Durante Massiah, and one other unidentified man who reportedly escaped by jumping through a second-floor window. He has not been found since.
Inside the house, CANU agents claimed to have discovered several large rice bags packed with compressed cannabis. They testified that the smell of marijuana was evident from outside the home. The suspects were arrested and transported to CANU Headquarters on Homestretch Avenue, Georgetown.
The trio was charged on March 28, 2022, under Section 5(1)(a)(i) of the Narcotic Drugs and Psychotropic Substances (Control) Act, Chapter 10:10.
Fifty-two-year-old Durante Massiah pleaded guilty to the charge and told the court he had been producing the marijuana in an effort to raise funds to build a home. He claimed the Lindies were only staying there temporarily after attending a drinking event at a “kaimoo” further upriver. Massiah was sentenced to 50 months in prison and fined $215 million.
The Lindies pleaded not guilty and were each granted bail totalling $4 million by Magistrate Wanda Fortune.

Their Attorney, Mr Siand Dhurjon, had successfully argued for bail despite strong objections from CANU, which insisted the marijuana was being packaged for transshipment.
Over the course of the hearings, which took place at both the Linden and Kwakwani Magistrates’ Court, the defence contested the reliability of the alleged confession statements attributed to the Lindies.
Attorney Dhurjon argued that the statements were uncorroborated and should be disregarded. He also challenged the prosecution’s reliance on the smell of cannabis as evidence, questioning whether the Lindies—being Rastafarians—could be expected to identify the scent and arguing that similar smells could easily be misinterpreted by officers.
One of the most significant turning points in the trial came when Massiah returned to the stand, this time as a defence witness. His testimony raised serious allegations against CANU and the Joint Services. Massiah claimed that the original stash of marijuana totalled approximately 3,000 pounds, yet only about half that amount was ever accounted for in official custody.
He testified that the officers removed all the marijuana from the room during the raid, loading some onto a Coast Guard vessel and some into his personal boat. He also said he saw about 10 of the 20-plus rice bags being loaded into a Canter truck at the New Amsterdam Stelling. That vehicle, according to him, was driven away in a different direction, and its contents were never seen again.
At CANU Headquarters, Massiah claimed he witnessed officers weighing the drugs and immediately noticed a discrepancy.
In her ruling, Magistrate Liverpool found that there was sufficient reasonable doubt to rule in favour of the defence.
While acknowledging the prosecution’s efforts, she noted that suspicion and probability are not substitutes for proof beyond a reasonable doubt. She emphasised that the alleged confessions lacked independent supporting evidence and highlighted the inconsistencies raised in Massiah’s testimony regarding how much marijuana was actually recovered and processed.
“Convictions are not about what was suspicious, what was probable, [or] what was likely. Convictions are about proof beyond a reasonable doubt,” Magistrate Liverpool said. “I clearly have to resolve this case in favour of the defence and give the defendants the benefit of the doubt. I find that the defence was successful in creating a reasonable doubt.
CANU was represented by Attorney-at-Law De Jonna Nelson. The Lindies were represented by Siand Dhurjon.
Following the decision, the Lindies expressed gratitude to Magistrate Liverpool for what they described as a fair and reasoned judgment. They also thanked their attorney for his persistence and commitment throughout the proceedings.