Chief Magistrate Priya Sewnarine-Beharry remanded a father of two accused of having a quantity of cocaine and unlicensed ammunition in his possession, when he yesterday appeared in the Georgetown Magistrate’s Court to answer to the charges.
It is alleged that on June 1 at Georgetown, Odingo Greene had in his possession 31/2 grammes of cocaine for the purpose of trafficking. On the same day, he is also alleged to have had in his possession 50 live rounds of 9 mm ammunition without licence.
The 36-year-old, of 65 East Beterverwagting, denied both allegations when they were read to him.
Prosecutor Vernette Pindar, in relating the facts of the case, said on the day in question a police mobile patrol observed the accused who was about to enter a car, with “something in his hand.”
She said the police approached the accused and conducted a search which unearthed the ammunition and a whitish substance believed to be cocaine concealed in a box which he was carrying in his hand.
The court further heard from the prosecutor that Greene was subsequently escorted to the police station where the suspected cocaine was weighed in his presence and amounted to 3 ½ grammes after which he was told of the offences committed, arrested and charged.
Attorney James Bond who represented the accused, in an application for bail advanced the defence of multiple-occupancy.
Bond contended that the car in which the prosecution claimed the police apprehended his client with the items mentioned in the charge, had a number of other passengers, all of whom were detained by the police but only his client was arraigned.
Counsel advanced that this gave rise to special circumstances for which bail should be granted to his client since knowledge, custody and control could not be proven on the part of his client who is innocent.
Bond argued that it was possible that someone can have something and not necessarily have knowledge, custody or control of the contents it contains, adding, as in this case, where the container was not transparent.
However, Pindar pointed out that at no time did the prosecution’s facts state that the defendant was in a vehicle with other persons but clarified that he was “about to enter a car” with the box containing the ammunition and cocaine in his hand when he was apprehended. As such, she argued that it could not be said that special circumstances existed for which bail should be granted.
Though he was represented by counsel, Greene who begged to speak said he neither saw nor knew anything about the charges levelled against him.
However, the magistrate cautioned the accused that all such determination will be made at the trial.
Greene was then informed that bail would be refused and he was remanded.
His matters were transferred to Court Five for reports and fixtures for trial.
