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WHAT EVER HAPPENED TO PLEA BARGAINING?

Jan 29, 2015 Features / Columnists, Peeping Tom

Each month you read in the newspapers about some drug mule being held by the authorities and subsequently jailed. During their trial these couriers may indicate that they were paid a certain sum to export the prohibited item that their circumstances lured them into the trafficking of the drugs.
Most of these couriers are ordinary Guyanese barely eking out a decent living. Some others are brought in from overseas to transport the drugs but when you do a background check you will find that they too have their own financial problems which lure them to transport the illegal substances.
A great many Guyanese are filling up our prisons because of drug offences, particularly trafficking in drugs. There is a mandatory sentencing policy for those found trafficking in narcotics and as much as there may be some sympathy for the couriers, there is little that the Magistrates can do because the law provides for jail time for such offences.
Those held are almost exclusively the small fish. They are the small peddlers and runners of the illegal trade. They work for bigger “fish” and they take their jail time for these big fishes. In most instances persons held with drugs through our airport, the couriers refuse to name the individuals who gave them the drugs to transport. It is almost always their claim that they did not know the person well enough.
That is almost always an unbelievable story but they cover for the big fishes. They take the rap. They take jail time for their masters, refusing to name them or shame them. Our jails are crammed with men and women serving time for the dirty work of the big fishes.
Those entrusted with enforcing our drug lords seem quite content with their little victories. They seem satisfied with jailing the couriers. Given the fact that very few drug lords have done time in Guyana, one has to ask how enthusiastic are the drug enforcement agencies in Guyana in trying to find out and take action against those who are the masters of the couriers that are filling up our jails.
Why are the drug lords escaping justice and their runners and couriers are taking the rap? And why are the authorities not attempting to make deals with the couriers in exchange for information that could lead to the arrest and conviction of the drug lords?
There remains on our statute books, laws that provide for plea bargaining. The question that needs to be asked is if anyone has ever utilized that piece of legislation which was intended to get to the heart and core of crime syndicates, by offering plea bargaining to persons charged or suspected to have been involved in criminal activities.
The next time that someone is caught transporting drugs through our airport, I would like to see a plea bargain being entered. In return for a reduced sentence and being placed in protective custody, I would like to see persons arrested being asked to provide information of those who gave them the drugs to transport. Instead of filling up our jails with couriers, let us begin to trap the drug lords.
The Americans make these plea bargains all the time. They got one honcho from Guyana because they made a deal with one of his couriers. In exchange for a green card for himself and family he sang like a canary.
There is logic and merit in how the Americans operate. Why fill up your jails with four couriers when you can use those four couriers to nail one big fish and in so doing, prevent other drug-running missions by other couriers.
It is time for plea bargaining to be put into practice. It is time to pull the huge fishes into the net.

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