Gardener Ricardo Bailey was yesterday ordered to perform 52 hours of community service after being found guilty of possession of marijuana.
Bailey, 28, of Lot 150 Guyhoc, was first arraigned last Tuesday before Chief Magistrate Priya Sewnarine-Beharry after being held by the police on June 25 on the charge that he had 28 grammes of cannabis concealed in a black plastic bag in his possession.
At the conclusion of the trial yesterday at the Georgetown Magistrate’s Court, Magistrate Judy Latchman found him guilty of the charge of possession of narcotics for the purpose of trafficking.
Bailey’s attorney Paul Fung-a-Fat, lamented the “inconsistency in the evidence,” while pointing out that the colour of the bag exhibited in court was different from that previously stated by the prosecution and attested to by the prosecution’s key witness.
In response, Prosecutor Joel Ricknauth submitted that Bailey is unknown to the witness, who, therefore, had no reason to lie. Also Ricknauth said the bag had two colours, white and pink, but could appear to be white.
The magistrate, in agreement, added that from her observation the bag could be either colour.
Bailey, a father of one, had no witnesses testifying in his defence.
The magistrate, in her ruling, said that the prosecution managed to discharge its burden of proving that the substance was in the possession and control of the defendant, and further, that it was possessed for the purpose of trafficking. “We may possess a TV or bike in our home which is not at court with us at this moment but we are still in control of it,” the magistrate said.
In the circumstances, she explained, despite Bailey not having actual possession of the bag due to it being found a few feet away from him, his possession was constructive.
After considering these and other aggravating factors, as well as the mitigating factors, such as Bailey’s age and the absence of prior charges or convictions on record, the magistrate fined him $3,000 and he was ordered to perform the community service.
