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Couple to sue State over wrongful charge …as ecstasy trafficking case not proven, dismissed
A nurse and her spouse, who were charged last year with trafficking ecstasy, are now looking to file a lawsuit against the State, after the case was dismissed against them yesterday.
Contending that they were wrongfully charged are Shellyann Gilgeous, 27, and her reputed husband Lonsdale Hope, 34, both of Lot 1139
Shellyann Gilgeous
Providence New Scheme, East Bank Demerara.
They had been on trial before Magistrate Annette Singh in the Georgetown Magistrates’ Courts.
It was alleged that on April 23, last, at Regent Road, Bourda, the two persons had in their possession 66 grams of ecstasy, a type of drug, for the purpose of trafficking.
Yesterday when the matter was called, the Magistrate told the court that the Prosecution was unable to prove their case against the couple, hence she dismissed the matter.
Throughout the trial, the couple was represented by Attorney-at-law Dexter Todd. They were out on $150,000 each, pending trial.
Advancing that the charge is bad in law, Todd argued that the alleged type of drug his clients were found with is not a prohibited drug under the Narcotics and Psychotropic Substances Act.
According to Todd, the Director of Public Prosecutions (DPP) should have had the substance the police alleged that was found in his clients’ possession tested, before recommending charges.
Lonsdale Hope
He added that there is a need for more careful assessment of criminal files.
“Where there is lack of evidence on a charge, the DPP should not recommend the institution of criminal charges. Proper legal research should have been done on the matter before putting it to the court,” Todd argued.
He went on to say that the experience had done much harm to the couple’s family and caused unnecessary shame.
According to information, on the day in question, ranks from the police narcotics branch intercepted motorcar PSS 2037, in which Gilgeous and Hope were the lone occupants.
A search was then carried out, and in the back passenger seat of the vehicle, a female handbag was seen. The bag was searched and the alleged narcotics were found inside. It was reported that when the allegation was put to Gilgeous, she gave an oral statement saying that Hope gave her the substance to put into her bag for safekeeping. They were then arrested and later charged
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