-wife remanded
A North West District (NWD) man was on Thursday sentenced to three years imprisonment after he pleaded guilty to having a large quantity of marijuana in his possession for the purpose of trafficking.
Lloyd Atkinson was charged along with his wife Gwendolyn Atkinson, at the Georgetown Magistrates’ Court, where new acting Chief Magistrate Priya Sewnarine-Beharry imposed the custodial sentence as well as a $10,000 fine after the man pleaded guilty. He admitted to having 803 grammes in his possession for the purpose of trafficking on September 6. His wife, who was also charged with the same offence, pleaded not guilty and she was remanded. She will return to court on September 14. Prosecutor Stephen Telford told the court that the police, acting on information, conducted a search on the Atkinsons’ home and uncovered the illegal substance under their bed. When questioned by the police, Telford said, the husband admitted to the offence while his wife denied any involvement.
Attorney Hukumchand, who represented the couple, made an application for the woman to be admitted to reasonable bail on the grounds that she had no antecedents, posed no risk of flight, had a fixed address and had been cooperating with the police in their investigations. He said too that the couple have six children, including three girls at the stage of puberty. With their father already sentenced to imprisonment, the lawyer said that to incarcerate their mother also would place them at risk, since there would be adult around to supervise them. “Your worship, it would be an indictment on the part of the state to suggest that these young girls be left unsupervised and open to potential harm that lurks out there to which they can fall prey,” he said.
Hukumchand stressed that his female client had absolutely no knowledge of the illegal substance being in the house—a claim corroborated by the police at the time of arrest. “Your worship, her husband has already said that it was he who had taken the cannabis into the house, he has already admitted his guilt to the police and has also indicated that his wife knew nothing about it,” he stressed.
The lawyer argued that, contrary to the prosecutor’s claim, it is possible for a husband to keep things secret from his wife. “Because it was in their house, under their bed, doesn’t necessarily mean that the wife has to know about it. Many things happen between husbands and wives without either of the two being aware. This is how extra-marital affairs are possible at times,” Hukumchand asserted.
The prosecution objected to the bail application made by the attorney on the grounds that bail for the offence can only be considered if there were special circumstances relating not to the offender but rather the offence. According to Telford, the circumstances raised by the lawyer relate to the offender and not the offence. The magistrate then remanded the woman to prison.
