A 27-year-old West Coast Demerara vendor who had been charged with possession of more than six kilograms of cannabis for the purpose of trafficking was on Monday freed after Senior Magistrate Dylon Bess upheld a no-case submission and dismissed the charge against him.
Shemar Browne, of La Parfaite Harmonie, West Coast Demerara, was found not guilty at the Diamond Magistrate’s Court.
Attorney-at-law Bernard Da Silva represented Browne and argued that the prosecution failed to establish a prima facie case against his client.
According to submissions filed before the court, the prosecution’s case relied heavily on an alleged oral statement purportedly made by Browne to police ranks. However, during the trial, the court conducted a Voir Dire to determine the admissibility of the alleged statement.
Following evidence from witnesses and legal submissions by the defence, Senior Magistrate Bess ruled that the alleged oral statement was inadmissible.
In his submissions, Da Silva maintained that several uncontested facts weakened the prosecution’s case. Among them was the fact that the property where the narcotics were allegedly discovered did not belong to Browne and that he was not inside the building when police arrived.
According to the submissions, Browne had voluntarily provided police with contact information for the owner of the property, but investigators reportedly did not pursue further enquiries to verify ownership.
The court also heard that Browne provided police with his own address, which was not disputed during the proceedings. It was also argued that nothing illegal was found on Browne during a search conducted by police.
Browne was arrested on May 23, 2024, and later charged with possession of narcotics for the purpose of trafficking involving 6,100 grams of cannabis.
The charge was instituted under Section 4(1)(a)(i) of the Narcotic Drugs and Psychotropic Substances Control Act.
He had initially appeared before Magistrate Judy Latchman at the Diamond Magistrate’s Court on May 28, 2024, where he pleaded not guilty.
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