The prosecution on Wednesday closed its case in the matter involving Shemroy Robertson and Odinga Chase, who were charged with cocaine trafficking earlier this year and a ruling is expected on May 25.
Robertson, 31, of 101 Mandela Avenue and Chase, 29, of 169 East Ruimveldt Housing Scheme, were charged in January with having 1.156 kilogrammes of cocaine in their possession for the purpose of trafficking.
Prosecutor Konyo Sandiford-Thompson, in reply to attorney Peter Hugh’s submission that a prima facie case had not been made out against Robertson or Chase, stated that while the information implicating Chase for possession had become unavailable shortly after the start of the trial, a sufficient case had been proven for Robertson to be called to lead his defence.
Hugh had told the court that there was no evidence to suggest that Chase was in possession or had knowledge of the narcotics. He related that the only evidence given to the court was that after Chase exited the car he was in, a parcel containing the narcotics was thrown from it. He, therefore, asked that Chase be discharged on these grounds.
He stated as well that the evidence that relates to Robertson is that he was the driver of a car from which narcotics were thrown. Hugh further stated that none of the prosecution’s witnesses could say how many people were in the car at the time, whether Robertson had been the one to throw the bag from the car, or whether he had knowledge of the contents. He submitted, therefore, that the prosecution had failed to prove the essential elements of the charge, those being possession and knowledge.
Sandiford-Thompson, in her closing arguments, addressed Hugh’s comment by highlighting bits of evidence presented during the case that pointed to these components.
She related that on the day in question, Chase had surrendered to ranks of the Customs Anti-Narcotic Unit (CANU) who were in operation at the time, having exited the car which was being driven by Robertson. Robertson, she said, drove off and continued to evade the police, who gave chase.
She further related that officer Andrew Yarde had testified that he pulled up beside Robertson on Bent Street, Werk-en-Rust, and told him to pull over and stop. He did not comply but a bag was soon after thrown from the car.
Robertson, during his escape attempt, was involved in an accident but continued to evade the police, she said. Two to three hours later, he was found hiding in a house located on the dam of Mandela Avenue. Occupants of the house who testified related that he had told them if anyone came asking for him, they should say he was not there.
“I submit that not even the devil knows the mind of man, and the only way the prosecution can prove knowledge, is by proof of things said, and actions— things done,” the prosecutor had told the court.
Chief Magistrate Ann McLennan adjourned the matter to May 25, for ruling.
