A father and son yesterday walked out of a city court free men after a magistrate found that police had failed to make a case against them on a charge of possession of a little over 10 pounds of cannabis.
Orin Battersfield, and Quincy Charles were on trial before Magistrate Faith McGusty on a charge which alleged that on November 19th, 2018, at North Ruimveldt Squatting Area, they had in their possession 4.55 kilogrammes (equivalent to just over 10 pounds) of cannabis for the purpose of trafficking.
Magistrate McGusty yesterday handed down her decision on a no-case submission that was made on behalf of the men by their lawyer.
Among other things, she noted that evidence was received from an analyst but there was no analyst certificate presented in the matter to substantiate that the substance in question was truly cannabis.
As it relates to knowledge, possession and control of the substance, the Magistrate noted that there was no evidence led as it related to Charles. It was stated, however, that in relation to the said three areas, the only evidence against Battersfield was an oral statement he allegedly made. However, when the rank who testified to making a note of the statement in his diary was asked to bring the said diary to court, the statement contradicted what was reportedly said.
As a result, the magistrate upheld the no-case submission made by the men’s attorney and the charge was subsequently dismissed.
