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Men caught with guns on ganja farm walk free

Jan 20, 2013 News

Once again poor investigation has been cited for the freeing of two West Bank Demerara men who were facing narcotics and ammunition charges.
The two men, Khomal Persaud-Ramdhanny and Puran Singh, on Thursday walked out the Wales Magistrate’s Court as free men after Senior Magistrate  Ann Mc Lennon upheld a ‘No Case Submission’ made by the Attorney-at-Law, Lyndon Amsterdam.
The Attorney had appeared for Ramdhanny, who resides at Canal No. 2 Polder, West Bank Demerara.
The case centered on a raid carried out by Customs Anti Narcotics Unit officers Andrew Yarde, Ivor Burnett and Navendra Ewing-Chow at a Farm at Kamuni, Potasi, West Bank Demerara on August 31, 2011. There they claimed they found three men at a Camp whose names they later learnt to be Khomal Persaud-Ramdhanny, Puran Singh and Chris Baptiste, who claimed to be working with Ramdhanny.
The CANU Officers alleged that in the camp, they found plants suspected to be marijuana, three shotguns along with a six 12-gauge shotgun cartridges.
They also claimed that there was a cultivation of marijuana plants on the land adjoining the camp which they destroyed.
When the allegation of possession of firearm and ammunition without being a holder of a licence was put to Ramdhanny, he indicated that he was a licenced firearm holder.
It was pointed out to the court that at his home, Ramdhanny showed the officers his firearm and ammunition Licence.
On September 2, 2011 the CANU officers escorted the men along with the ammunition to CID Headquarters, Eve Leary and handed them over to one Corporal Sarrabo.
Eventually CANU charged Khomal Persaud-Ramdhanny and Puran Singh with possession of narcotics, while the police charged them with possession of guns and ammunition, whilst not being the holders of Firearm Licences.
In his arguments, defence counsel Amsterdam pointed out that there were several evidential deficiencies in the investigations carried out by the CANU Officers and the Police at CID Headquarters, Eve Leary.
This led to CANU Prosecutor, Oswald Massiah, acting on the advice of the Director Public Prosecution, withdrawing the Charges of possession of Narcotics and cultivation of Marijuana against the men in March last year.
But the police persisted with their arms and ammunition charges, and through Prosecutor Anand Sookhoo, the trial proceeded until the Prosecution was ordered to close its case on January 4, last by Magistrate Mc Lennon.
Amsterdam immediately made No Case Submission and contended the Elements of the Offence were not established and that there was insufficient evidence to establish a Prima Facie case against the Defendants.
He contended that because of the evidential deficiencies, the Prosecution was unable to have the guns and ammunition tendered into evidence as Exhibits and so Sergeant Eon Jackson was unable to link his ballistics test with the alleged guns and ammunition found at the Camp.
Additionally, Amsterdam contended that the Prosecution did not show that the guns and ammunition found in possession of Ramdhanny in particular were not that for which he was licenced to carry.
That Magistrate agreed with these submissions and therefore upheld the No Case Submission and did not call on the Defendants to lead a Defence.
The charges were subsequently dismissed.

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