Latest update March 24th, 2025 7:05 AM
Oct 02, 2018 News
Two constables who were charged in 2016 with possession of narcotics for the purpose of trafficking have been freed. This is following a no case submission submitted by their lawyers.
The men Bharat Shattarpaul, 30, of 45 Princeton, Corriverton, Berbice and Delroy Fraser, 26, of Lot 31-32 Belladrum Village West Coast Berbice, appeared before Magistrate Alex Moore in the New Amsterdam magistrate Court.
Shattarpaul was represented by Attorney-at-law Mursaline Bacchus while Fraser was represented by Attorney-at-law, Tanya Warren Clements.
According to the facts of the case, Shattarpaul, who had been a serving member of the Guyana Police Force Traffic Department for over eight years, and Fraser, a new recruit, were returning to Region Six from a function in Georgetown in a police minibus on December 19, 2016, when it is alleged that the driver, Constable Shattarpaul, in the company of Fraser, received two parcels from an unidentified individual on the West Coast of Berbice.
After returning to Region Six, Shattarpaul instructed Fraser to drive his (Shattarpaul’s) car, bearing licence plate number HC 3179, to Vryman’s Erven, New Amsterdam, where the contents were transferred from the bus to the trunk of the car.
The car was then driven back to Coburg Street, in front the Central Police Station where it was parked. In the meanwhile, contact was made with a senior rank of the division that a car was park next to the station that contained drugs.
A senior police rank and others ventured to the Constable’s car. Both ranks were asked to report to the location. The keys were requested from Shattarpaul, to which he refused. Both ranks denied knowledge of where the car keys were. It was ten instructed that a window of the car be smashed to allow access to the door and further access to the trunk.
The trunk was eventually unlocked and two parcels wrapped in tape were discovered. Closer inspection of the contents revealed that it contained seeds, stems and leaves of the marijuana. Both parties were present when the trunk was searched, they, however denied any knowledge of the contents which were subsequently weighed and amounted to 5 kg of cannabis sativa (marijuana).
In his no case submission, Attorney-at-law Bacchus argued that there was no case for his client to answer.
He questioned the wisdom for the police to break into his client’s car. He argued that nobody in their testimony had stated that the car was locked and that they had tried to open it the conventional way.
He said that there was no evidence presented as to how and when the drugs got into the trunk of the car.
Bacchus also submitted that during the time both men had used the vehicle as Shattarpaul had stated that he had lent Fraser the car to buy food.
Bacchus also questioned the evidence of the Detective Corporal who testified that he took a parcel with the sample to the analysis department in Georgetown on 22nd December, 2016. However, a certificate signed by the Police Analysis Department in Georgetown was dated 21st December. Bacchus questioned if it was the same parcel and argued that the evidence has been compromised.
Attorney Warren Clements concurred with the submission of her colleague.
Magistrate Moore after listening to both the Prosecution and Defence dismissed the case.
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