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Aug 21, 2016 News
– urges court to exclude statements from evidence
Attorney Adrian Thompson is arguing that a policeman attached to the Narcotics Branch in order to obtain confessions misled his client, Seon Brammer who is before the court on a drug trafficking charge.
According to the attorney, such an act is a violation of the judge’s rule.
Brammer, of Eighth Avenue, Diamond Housing Scheme, East Bank Demerara, is accused of having 464 grammes of cannabis in his possession for the purpose of trafficking on May 13.
The 34-year-old, father of two, is currently out on bail.
When the trial continued on Friday before Magistrate Judy Latchman, Thompson told the court that his client admitted to owning the illicit drug because Corporal Edu threatened to arrest his 74-year-old mother Linda Brammer for trafficking the illicit substance.
The police are saying that they found a quantity of marijuana under a chair cushion and under a bed after they conducted a raid on a house occupied by Brammer and his mother.
Police Prosecutor, Kerry Bostwick told the court that after the drug was unearthed, police ranks put the allegation of trafficking narcotics to Brammer and he replied. “Yeah yeah the drug is me own. Nobody aint know about it but me.”
Bostwick said that police ranks also put the same allegation to Brammer after they found more marijuana under a bed and he replied, “I done tell you the weed is me own. Meh mother aint know about it.”
However, Thompson is contending that Brammer was not present in the home when police found the drug. The lawyer told the court that during the Voir Dire (trial within a trial) the prosecutor failed to prove beyond reasonable doubt that the (confession) statements were given freely and voluntarily, and asked the court to exclude them from evidence.
Thompson pointed to several discrepancies and inconsistencies in evidence given by two police witnesses who were called to testify on behalf of the prosecution.
During the trial, Thompson recalled that Corporal Edu testified that his client was standing at the door when police arrived at the premises. Constable Kelman, Thompson recalled, testified that Brammer was in the yard when police arrived
The attorney stated that it is now left up to the court to decide who is telling the truth.
He stressed that the main reason for the police visiting the premises was to arrest his client’s brother, Rawle Brammer, who was wanted.
However, Prosecutor Bostwick asserted that it was proven beyond any reasonable doubt that the statements were made by Brammer after police told him of an allegation. Bostwick said that no forms of inducement, promises or act of force were used to obtain the statements from Brammer. Bostwick added that it was based on Brammer’s response that police decided to arrest and charge him, instead of his mother.
The prosecutor said that Brammer had ample time to make a report against the police while in custody at the Criminal Investigation Department (CID) Headquarters, Eve Leary, but never did so. In addition, Bostwick urged the court to believe the evidence led by the prosecution’s witnesses, since they were all credible and did not contradict each other. He said the intention of witnesses called by Brammer was to mislead the court.
Magistrate Judy Latchman after recording submissions from both parties adjourned the matter until Tuesday.
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