Prosecution, defence clash as Berbice River marijuana suspects appear in court

Feb 23, 2010 News

The prosecution and the defence clashed yesterday as both sides tried to score early points when the three men arrested by police on a marijuana farm at Sand Hills, up the Berbice River on Saturday, appeared in the New Amsterdam Magistrate’s court before Magistrate Adela Nagamootoo to answer charges of possession of narcotics for the purpose of trafficking.
The men, Edwin Joseph, called ‘Eddoman’, 42; Royden Johnson,18, and a teenager, all of Sand Hills, Berbice River pleaded not guilty and were remanded to prison.
On Saturday last, around 11:00 hrs the police carried out a raid at a farm at Sand Hills, Berbice River, where the three defendants were found with a quantity of marijuana plants.
The plants were of various heights, some as tall as 10 feet. The men were arrested.
The argument was sparked when attorney at Law Ramesh Rajkumar representing the men rose to make bail applications.
The attorney, citing special circumstances asked that the teenager, who is a few weeks shy of his 17th birthday, be granted bail since there is no place in Berbice to house remanded juveniles.
He said that the police station lock up is in no condition to keep the lad.
Prosecutor Fizal Karim Baksh in response said that up to 16-year-olds are kept in the police lock ups and from 17-year olds are kept in the prison.
However, Mr. Rajkumar was back on his feet, challenging the prosecution to show that fact in law. Reiterating his point, the attorney said that the place is not fit for humans. The condition is inhumane, degrading and horrific, he added.
The prosecutor was again on his feet stating that the attorney must be imagining things as he challenged the lawyer to back up his points.
Baksh said that the station is well equipped to keep even juveniles, because there is a juvenile facility at the Central Police Station and that the lock ups are not all that bad.
The lawyer again would have none of it and he challenged the prosecution to prove that there is a juvenile facility available.
It turned out that the prison authorities refused to accept the teenager and he was reportedly sent back into the custody of the police.
As the two men continued to trade points, Attorney Rajkumar said that he would like what is being said to be placed on records. The attorney said that he is prepared to go the distance and threatened to call in the Guyana Human Rights Association.
Magistrate Nagamootoo intervened quickly and asked both men to take their seats.
Legal points were again traded and at this stage, Attorney Rajkumar asked that the prosecutor recuse himself from the case because according to his information he was one of the police ranks that conducted the raid and is likely to be called as a witness.
The attorney also contended that if the men cannot be granted bail then they should be granted an early hearing.
After listening to the arguments, the Magistrate refused bail and fixed March 23 for the next hearing, when she is expected to review bail applications.

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Prosecution, defence clash as Berbice River marijuana suspects appear in court

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