A vendor was yesterday handed a four-year jail sentence after a city magistrate found him guilty on a drug charge.
Roger Gill, 26, was charged in May and appeared before former Chief Magistrate Priya Sewnarine-Beharry over the possession of 426 grammes of cannabis for the purpose of trafficking.
In addressing the defendant yesterday, presiding Magistrate Ann McLennan stated that she took into consideration the testimony of the prosecution’s witnesses as well as the evidence presented by the prosecution. Based on the evidence presented to the court, Magistrate McLennan called upon the accused to lead his defence.
Gill opted to stand in the prisoners’ dock and give unsworn testimony as well as call a witness on his behalf.
In his testimony, Gill told the court that on the day of the incident a search of the premises was carried out but nothing was found. However, he and another were arrested and later told of the offence he was being arrested for. He said he was innocent of the charge.
His witness, Renaldo Bourbon told the court that on the day in question he was present at the stall when Gill sent him to collect some money. He said that shortly after his return from running the errand, he saw a man entering the stall before he left again. He further said that when he returned he saw Gill and the other man handcuffed together.
However, after cross-examination of the witness, the prosecution contended that Bourbon could not say what happened at the stall because he was not there throughout the incident.
Appearing on behalf of Gill, attorney Clive Forde said that the prosecution failed to prove that his client had physical possession of the cannabis. He said that the cannabis was found in an extension of the stall at Merriman Mall.
In delivering her verdict, Magistrate McLennan said that the court was satisfied with the prosecution’s case against Gill. Gill was then found guilty of the offence.
In mitigation, Forde asked the court to administer ‘justice with mercy’ for his client. He described Gill as a hard-working family man and church- goer, with no previous brushes with the law.
Nevertheless, the 26-year-old was sentenced to four years in prison and fined $639,000 which is three times the street value of the quantity of cannabis he was found in possession of.
