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No evidence linking night club owner to cocaine found in apartment – Magistrate
(Kaieteur News) – Drug trafficking charges against Leon Nicholas were dismissed on Tuesday when the matter was called at the Diamond Magistrates’ Court before Magistrate Judy Latchman.
Night club operator, Leon Nicholas
Magistrate Latchman upheld submissions made by Nicholas through his attorney, Siand Dhurjon, that the prosecution failed to establish that he possessed 6.7kg of cocaine for the purpose of trafficking. The decision followed lengthy proceedings which spanned over two years at the court.
According to the facts of the case, on September 1, 2023, police officers raided the A1 Nightclub and Bar located at Lot 19 Backroad, Soesdyke, East Bank Demerara at around 10:00pm. Several vanloads of armed police acting on intelligence drove in to the compound and entered an apartment rented out by the former defendant through a window, where they discovered 6.69kg of cocaine in the toilet area.
Nicholas was charged with possession of narcotics for the purpose of trafficking. However, his lawyer argued that the cocaine was not found in his presence and the premises was not under his control at the time. That person, who had access to the apartment, was never investigated.
Utility bills and a transport in the name of a third party were put in to evidence by Nicholas. Dhurjon thoroughly interrogated the police during cross-examination where they were asked whether the search was done in Nicholas’ presence and whether he admitted to owning the illegal substance.
Further, Nicholas elected to give sworn testimony and subjected himself to cross-examination by the prosecutor.
Under the Narcotics and Psychotrophic Substances Control Act, where the police discover any amount of cocaine above 2 grams, the law presumes that the cocaine was held for the purpose of trafficking and the defendant has the burden of proving otherwise to the Court. Bail is also not to be granted in such cases unless special reasons exist under that legislation.
Magistrate Latchman was heavily influenced by the sworn testimony of the defendant and the submissions made by Dhurjon. She ultimately ruled that “Outside of finding Mr. Nicholas within the parameter of A1 Night Club and Banquet Hall, there is absolutely no evidence to establish that he had control of the cocaine. There is no evidence to prove that he knew of the existence of the cocaine in Room 5. And in these circumstances, I find Mr. Leon Nicholas not guilty and this case is dismissed.”
In an invited comment Nicholas thanked Magistrate Latchman for her dedication to carefully considering the evidence and for vindicating him. He extended thanks to his attorney for faithfully standing by him and for intervening in his case by obtaining bail from the High Court for him after he was remanded to prison for a lengthy period in 2023.
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