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Prosecution’s lapse forces Magistrate to grant bail to men found with drugs and plane that illegally landed in Guyana
Kaieteur News-A lapse by the prosecution on Tuesday has allowed a lawyer to secure bail for his clients accused of being found with drugs and a plane that illegally landed in Guyana on October 6, 2024.
Kaieteur News understands that the prosecution failed to make full disclosure of the evidence against the defendants.
The defendants are Brazilian National 48-year-old Robintaine Peixoto Saraiva, a Brazilian national, 53-year-old Hamlet DaSilva of Achiwib Village, Region Nine and Brazil, and 27-year-old Evander Phoenix, a miner also from Achiwib Village.
The trio made their second court appearance at the Georgetown Magistrates’ Courts before Acting Chief Magistrate, Faith Mc Gusty.
Their Lawyer, Bernard DaSilva told Kaieteur News that, “The locals (DaSilva and Phoenix) were granted $200,000 bail each (for the Drug charge) with reporting conditions once a month (on the last Friday) at the Lethem Police Station”.
Meanwhile, the Brazilian National was released on a total of $ 400,000 bail- $200,000 for the allegedly trafficking narcotics and $200,000 for the illegal landing of an aircraft in Guyana.
The three men were initially remanded after being charged on October 16.
Attorney DaSilva has been requesting bail for his clients since then.
The attorney argued at that time the plane his client – the Brazilian national – flew developed mechanical issues which lead to a crash-landing rather than an intentional act of illegal entry.
“On the day in question, the plane suffered damage,” the lawyer told the court.
He empahsised that no narcotics were found on his client or in the aircraft. DaSilva added that Saraiva had no passport because he “never intended to land anywhere,” and insisted that Saraiva posed no flight risk since he has a friend in Guyana who is willing to act as a guarantor.
The attorney said too that Hamlet DaSilva was contacted for mechanical assistance with the aircraft and was unjustly suspected by police. He noted that Phoenix was also asked to help with the plane’s repairs. DaSilva also told the court that “the plane was to pick up mercury in Venezuela for the purpose of mining.” As such the lawyer emphasised, “The charges are baseless and unsupported and there is no risk of flight.”
However, the prosecution objected to bail and the court had agreed. However, when the Prosecution returned on Tuesday, they were not ready to present their full evidence against the men and bail was granted.
The matter was adjourned until November 7, 2024.
(Prosecution’s lapse forces Magistrate to grant bail to men found with drugs and plane that illegally landed in Guyana)
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