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Businessman granted bail after large cocaine find

Jun 01, 2015 News

Fish trader, Mohamed Ali was on Thursday released on $600,000 bail on a drug trafficking charge by Magistrate Rushell Liverpool, at the Lenora Magistrate’s Court.
Ali, 51 a father of three, who resides at Lot 11 La Jealousie, West Coast Demerara is accused of being in possession of 51.626 kilos of cocaine on May 10, at Windsor Forest, West Coast Demerara, for the purpose of trafficking.
At his first court appearance on May 13 before Chief Magistrate Priya Sewnarine-Beharry Ali was denied his pre-trial liberty because his lawyer Bernard Da Silva had failed to advance special reasons.
The matter was then transferred to the Leonora Magistrate’s Court.
The attorney renewed his bail application on Thursday before Magistrate Liverpool and advanced several special reasons to secure bail for his client.
The attorney explained to the court that Ali is a diabetic and hypertensive patient. He said the defendant had recently suffered from a heart attack and during his incarceration at the Georgetown Prison he had to be kept in the infirmary.
Finally, the lawyer opined that Ali would not be given a fair trial within a reasonable time, which would result in a breach of his constitutional right.
Ali was ordered to lodge his passport and report to the Narcotic Branch at Eve Leary, every fortnight on Mondays. He is scheduled to make another court appearance later this month.
According to the police’s facts, on May 10, the cocaine was transported to the Cheddi Jagan International Airport (CJIA) by an employee of Ali. It was concealed in 40 boxes of shrimp.
Whilst his employee was at the airport, Ali made contact with him and ordered that he cancel the arrangement and return with the boxes, which caused a level of suspicion by ranks of the narcotic branch of the Police Force.  The ranks then searched the boxes and the cocaine was retrieved from them. The drugs were intended to be loaded on to a Caribbean Airlines Flight.
DaSilva based his defence under Section 94, Chapter 10 of the Narcotic Act. He argued that his client was never in possession of the alleged narcotic. The lawyer contended that the shipment of shrimp left in a Canter truck and was supposed to make its way to the Cheddi Jagan International Airport (CJIA) Timehri. However, he said that on the journey, the vehicle stopped at Pouderoyen for a prolonged period of time.
DaSilva explained that two of his client’s employees were scheduled to go to the airport, but one of them was missing.
Further, he advanced that the truck arrived at the CJIA with two additional employees unknown to his client, who were reportedly picked up at Herstelling.
Counsel detailed that the shipment was only identified by shipping documents bearing his client’s name. He said, too that the documents were not prepared by his client but by a shipping broker.
DaSilva argued that the prosecution has to prove the elements of knowledge and control. He even put forward that the police admitted that Ali only had constructive possession of the alleged drug.

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