The Customs Anti-Narcotic Unit (CANU) has appealed the decision which saw Barry Dataram being convicted of cocaine trafficking but his three alleged accomplices being freed, the unit’s Head James Singh said yesterday even as the police say the search continues for the missing convict who apparently fled Guyana days before the verdict was handed down.
“Yes. The matter has already been appealed,” Singh said when Stabroek News contacted him.
Dataram, his reputed wife Anjanie Boodnarine, Kevin Charran, and Trevor Gouveia were before Magistrate Judy Latchman for the possession of 129.230 kilogrammes of cocaine (equivalent to 284 pounds) that was found on April 16, 2015 at the Lot 661 Silver Dam, Fourth Avenue, Diamond Housing Scheme house owned by Dataram. Dataram was found guilty last month while the others were freed due to a lack of evidence. In addition to a 60 months jail term, Dataram was fined $164 million.
The decision was delivered during the morning hours and Dataram’s sentence handed down hours later.
Singh had expressed disappointment with the court verdict saying that his ranks worked hard on the case and that the other three accused should have been convicted as well.
“I am very disappointed in the decision that Dataram alone was convicted and the three accomplices who were found with him at the house were allowed to go free,” he said.
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 of the offence of narcotics possession. The court however had excluded from the evidence, the 420 parcels of cocaine found in a fridge on the premises.
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 found.
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.
In an invited comment, Singh said that he was surprised at the decision handed down despite the “overwhelming evidence” presented.
“People talk about big fish, small fish and so on. Here is it that we arrested a self-confessed drug dealer who fought an extradition to the United States, in a house with a hundred and something kilos of cocaine along with his reputed wife and two men and he alone has been found guilty… She did not turn up to court so what do we have at the end of the day. We have a hundred and something kilos of cocaine and nobody to show for it,” he stressed.
Meanwhile, Commissioner of Police (ag) David Ramnarine yesterday said that ranks are still looking for Dataram.
On Tuesday, police issued a wanted bulletin for Dataram and his reputed wife. The bulletin may be a prerequisite to ensuring maximum assistance from overseas law enforcement agencies.
The police said that Boodnarine called ‘Cindy’ and Barry Dataram called ‘Kevin Dataram’ or ‘Kevin Mogatani’, are wanted for possession of ammunition without licence and possession of narcotics for the purpose of trafficking which occurred on April 16, 2015, at Lot 661 Block X, 4thAvenue, Diamond Housing Scheme, EBD.
Anyone with information that may lead to the arrest of the duo is asked to contact the police on telephone numbers 225-6411, 227-2128, 226-1389, 226-7065, 268-2343, 268-2298, 225-2227, 911 or the nearest police station.
Magistrate Latchman on September 20 issued arrest warrants for the duo after they were a no-show at a hearing scheduled for a ruling on whether they had to lead a defence in their trial.
Ramnarine during a press conference last Fri-day was mum on whether Dataram was being monitored prior to his escape but made it clear that law enforcement officials were not to be blamed as they did not grant him his release on bail.
“Hold a minute. Let’s put this thing in the proper perspective. We didn’t grant him bail, comrade. If it were that high profile [a] matter and it was properly regarded by the appropriate people, we were not the ones who granted him bail,” Ramnarine told the media during a press conference yesterday. “I have read statements. I have seen things in the press. Dataram’s situation is really unfortunate… But not in the sense that law enforcement is indicted,” he added.
