Dominic Walsh and Osmond Ghanie, employees of the Guyana Timber Products Inc., were yesterday charged in connection with the 359.8 kilos of cocaine discovered in a container the company tried to ship to The Netherlands.
At the Georgetown Magistrates’ Court, Magistrate Alan Wilson granted the two men bail in the sum of $350,000 despite objections by Customs Anti-Narcotics Unit (CANU) prosecutor Donald Downer, who said it would be best for the men to be kept in the state’s custody to ensure their safety.
It was alleged that between January 25 and February 20, 2013, at Soesdyke, the two men had in their possession 359.8 kilogrammes of cocaine for the purpose of trafficking. They pleaded not guilty to the charge of narcotics trafficking when it was read to them.
Downer told the court that investigations are still ongoing in the matter and that there are new developments that have seen other persons being questioned. Nevertheless, he added that the Director of Public Prosecutions (DPP) had advised that the charge be laid against the two men.
Downer asked for the accused to be remanded, in light of the prevalence of the offence while also submitting that it would be best for the men to be kept in the state’s custody for their own safety.
But both Ghanie’s attorney, Mark Waldron, and Walsh’s attorney, Debra Kumar, who raised concerns about the institution of the charge in the absence of substantive CANU prosecutor Oswald Massiah, sought bail for their clients.
Downer informed the court that Massiah is currently on leave but had prepared the charge against the two defendants.
Waldron dismissed the prosecutor’s concern about the men’s safety. “This is the most ridiculous thing I have ever heard,” he said, while questioning who or what would harm the two defendants.
He said his client had been placed on station bail since January and he was asked to lodge his passport. He further pointed out that Ghanie has been cooperating with police and had reported to the police over a half dozen times as directed by CANU. He added that the prosecution suggested nothing that indicated his client was a flight risk and he assured that Ghanie had no intentions of tampering with witnesses or exhibits.
Waldron, who told the court that when he left CANU headquarters at about 12 noon yesterday two other suspects were in custody, also argued that the prosecution’s admission that investigations into the matter are still ongoing could amount to a special reason for bail.
Kumar, who said Walsh had been a supervisor at the Guyana Timber Products’ sawmill for 10 years, also said that her client was not a flight risk. Walsh, she said, has an unblemished record. She added that from the inception of the drug bust, at least 14 sawmill workers were invited to CANU’s office.
The lawyer, who described the allegations against Walsh as outrageous, said that the man was arrested by CANU ranks on February 22 and she visited him on February 23, at the Prashad Nagar Police Outpost.
Unlike Ghanie, Kumar noted, Walsh was released on his own recognisance and he has been cooperating with CANU ranks, reporting to their office in excess of 10 occasions when directed to do so. His last visit to CANU was on Monday, she said.
She also made it known that the police did not take her client’s passport but instead took his cell phone, which she suggested was done in order to access call logs.
Since the bust, Kumar said, Walsh has been unable to work and he has been having difficulties securing a job because he would have to report to CANU’s office and spend long hours there.
Downer, after listening to the lawyers’ submissions, reminded them that 359.8 kilogrammes of cocaine was not the same as a gramme or half of a gramme. He added that the prosecution intends to prove its case to the court and asked that it exercise its rights and responsibilities by refusing bail to the two men.
Waldron, in response, stated that he did not believe that quantum should be a deciding factor, while pointing out even though the drugs amounted to 359.8 kilogrammes, anything over one gramme of cocaine would constitute trafficking.
Magistrate Wilson subsequently announced that after listening to the submissions and considering the factors—including the fact that investigations are still ongoing, the facts and circumstances might change when investigations are completed and that other suspects are still in custody—bail would be granted. He, however, ordered that the men lodge their passports and report to CANU every Monday and Friday at 9am until the matter is fully determined by the court.
The case will be called again on April 8.
The container where the packaged cocaine was uncovered had been sitting at a city wharf for several days although abnormalities were picked up during scanning by the Guyana Revenue Authority (GRA).
CANU ranks were subsequently informed that there were things wrong with the container and it was escorted on February 19 from the wharf to the company’s Soesdyke headquarters, where each log in the container was searched. The hollow logs were subsequently found with packets of cocaine concealed inside. As many as 20 packets were found in a single log.
The drugs were destined for Holland, where the value is estimated at approximately US$25,000 ($5 million) per kilogramme.
Four persons, including a Dutch national were held in connection with the discovery but they were all later released without charge.
