A 27-year-old vendor who had been on trial for alleged cannabis trafficking has been acquitted after the Diamond Magistrate’s Court ruled that the prosecution failed to establish a case against him.
Shemar Browne of Lot 587 La Parfaite Harmonie, West Coast Demerara (WCD), had been charged with possession of narcotics for the purpose of trafficking in connection with 6,100 grams of cannabis. He was arrested in May 2024 and had initially been remanded after his first court appearance.
However, in a major turn in the matter, Senior Magistrate Dylon Bess upheld a no-case submission made on Browne’s behalf by Attorney-at-law Bernard DaSilva and ruled that he was not guilty. The charge was subsequently dismissed.
The defence had argued that the prosecution failed to prove the key legal ingredients of possession: knowledge and control.
According to the written submissions, the case against Browne depended heavily on an alleged oral statement that the court later ruled inadmissible following a voir dire.
The defence also pointed out that the property where the narcotics were found was not Browne’s, that he was not inside the building when police arrived, and that the drugs were discovered in a bedroom with no personal belongings linking him to the room or the premises.
It was further submitted that police found nothing illegal on Browne during a search and that there was no fingerprint evidence showing he had handled the drug parcels.
The defence, therefore, maintained that the State had failed to make out a prima facie case. Senior Magistrate Bess agreed and dismissed the matter, bringing the case to an end.
