In his absence, self-professed drug lord Barry Dataram was yesterday sentenced to 60 months in jail for trafficking cocaine, while his three co-accused, including his common-law wife, who was also a no-show, were acquitted due to a lack of evidence.
Georgetown Magistrate Judy Latchman, who presided over the trial of Dataram, his common-law wife Anjanie Boodnarine, Kevin Charran, and Trevor Gouveia for the possession of 129.230 kilogrammes of cocaine (equivalent to 284 pounds) that was found on April 16, 2015, at a Silver Dam, Fourth Avenue, Diamond Housing Scheme property, also instituted a $164M fine.
Although the prosecution had argued that a prima facie case was made out against Dataram and his co-accused and that there was sufficient evidence to find them guilty for the offence of narcotics possession, the court excluded from the evidence the 420 parcels of cocaine found in a fridge on the premises.
Customs Anti-Narcotic Unit (CANU) Officer Anthony Yarde, during his testimony, had said that 428 parcels of cocaine were found in the fridge but upon their arrival at the Criminal Investigation Department, a recount was done and eight parcels were missing.
Given this fact, Magis-trate Latchman excluded the 420 parcels from consideration in the matter, while stating that it could have been contaminated or more drugs could have been added to it. As a result, Dataram was sentenced for the remaining 60.840 kilogrammes of cocaine.
Heavy weight was also placed on Dataram’s oral statements which indicated that he had control of the substance, knowledge and possession. It was on these grounds that he was sentenced to 60 months in jail and fined $164,268,000.
Meanwhile, Boodnarine, Charran and Gouveia were freed of the charge after the magistrate ruled that there was insufficient evidence against the three. It was noted that the only evidence presented by the prosecution against the three defendants was that they were on the premises when the narcotics were found.
Earlier in the proceedings, CANU prosecutor Konyo Sandiford-Thompson called the bailers for both Dataram and Boodnarine to give sworn evidence as to whether or not they bailed the defendants and if they had knowledge of their whereabouts.
In the case of Boodnarine, her cousin stated that her bailer, Soorsati Persaud, did not reside at the address that she gave on the bail form. He further stated that he had been living at that premises for the past three years.
Having found that neither of the two persons knew the whereabouts of the defendants, the Magis-trate granted the request of the CANU prosecutor to have their bail escheated.
Attorney-at-law Glenn Hanoman, who previously appeared on behalf of all four of the defendants, had withdrawn his appearance for Dataram and Boodnarine after he reported that he could not get in contact with them.
The non-appearance of Dataram yesterday will raise questions for the judiciary and the police over the granting of bail to him and his subsequent vanishing.
