The defence and prosecution in the case involving a man accused of stuffing over 13 kilos of cocaine in corilla for shipping made closing arguments at the Providence Magistrate’s Court on Tuesday, but the matter was later adjourned to allow the defence counsel to make further submissions.
On trial is Sherwin Dexter Bentick, 29, a vendor who resides at 56 William Street, Kitty, who is accused of shipping 13 kilos of cocaine stashed in corilla on a Caribbean Airlines flight bound for Canada. The drug was discovered in Trinidad.
At court on Tuesday, defence counsel Stephen Lewis had requested that the matter be adjourned to another date for him to make further submissions, but after Magistrate Priya Sewnarine-Beharry had granted him an hour and he did not turn up, she decided to adjourn the matter.
The counsel had earlier submitted that the prosecution had not proven its case beyond a reasonable doubt. He contended that the analyst’s certificate tendered into evidence was not properly before the court arguing that under the Evidence Act, it has to be tendered by an expert listed in the Official Gazette. Since the person who tendered it (a Trinidadian) was not listed in the Official Gazette as an analyst, he said, in effect the analyst’s certificate was not properly before the court. He declared that everything that flowed from the certificate including the exhibits was null and void and ought not to be considered.
Lewis submitted too that the court had no jurisdiction to hear the matter, stating that the crime must be committed within the jurisdiction in Guyana for the court to have jurisdiction. Noting that the drugs were discovered in Trinidad and not in Guyana, he said that removes the jurisdiction of the court.
He further raised the issue of the quantum of the narcotics as stated by the witnesses and as contained in the charge. “The evidence is at variance with the charge,” he said, adding that the evidence as to the quantum was inconsistent throughout the trial.
Customs Anti-Narcotics Unit (CANU) Prosecutor Oswald Massiah in response submitted that the prosecution had “very cogently” established its case through its witnesses. Regarding the analyst’s certificate, he asserted that it had been properly tendered and admitted. Noting Lewis’s contention as it related to the Evidence Act, he said, “what counsel submitted is procedure as it relates to Guyana.” He said the witness had given evidence of her qualifications and the court was satisfied that the witness was capable enough to be classified as an analyst.
On the issue of jurisdiction, he declared that the court has jurisdiction to deal with the matter as the offence was committed here.
Reading the particulars of the charge he asserted that although the drugs were intercepted in another jurisdiction, the offence was committed here and “fortunately it did not get to the place where it was destined.” He also referred to the evidence given by several witnesses, who all said that the defendant was the one who had done all the transactions from the hiring of the truck to the purchasing of the vegetables up to when the items were taken to the airport.
He noted too that the documents spoke of the defendant as the only shipper. After further submissions, he closed by reading a part of a judgment in another case in which it was stated that “narcotic drugs and psychotropic substances have become an insidious threat to our fragile developing social fabric. With our value systems under siege and a fractured economy spawning a retreat of the work ethic the proliferation of their use would no doubt overwhelm the democratic institutions and in turn the rule of law. At greatest risk are our youths who are being exposed to rampant materialism and easy money but are hardly conscious of the degradation that goes hand-in-hand with this evil game in life.” Massiah asked the court to find the defendant guilty and to take cognizance of the scourge.
Bentick, when his case was first called before then Acting Chief Magistrate Cecil Sullivan, had pleaded not guilty to possession of narcotics for the purpose of trafficking.
According to the case presented by the prosecution, on February 19 at the Cheddi Jagan International Airport, Timehri, Bentick trafficked in narcotics by transporting and exporting cocaine. According to the facts of the case, Bentick who is a licensed shipper had made bookings to ship cargo through Caribbean Airlines to Canada via Trinidad.
He went to the airport and presented 81 pieces of cargo, which included boxes of mangoes and baskets of vegetables including corilla. The cargo was processed and shipped on flight BW 424 and the shipment was checked in Trinidad by law enforcement authorities.
The authorities uncovered 13kgs of cocaine stashed in corilla. Bentick was arrested by CANU officials who carried out investigations in collaboration with the Trinidad authorities. Witnesses from that country had testified during the trial.
