…lawyers argue drug not banned under Narcotics Act

TWO suspected ecstasy traffickers were freed on Friday of their charges after the court upheld no-case submissions by their lawyers who contended that the drug is not a prohibited substance and cannot be found in the current Narcotic Drugs and Psychotropic Substances (Control) Act. Samuel Bruce, called ‘Sammy Wintz’, of Jackson Street, Tucville, and Kelder Roxana Halley of Gibson Street, Guyhoc Park, were jointly charged with trafficking 63 grams of ecstasy pills–an amphetamine substance– at Gibson Street, Guyhoc Park on October 15, 2018.

Bruce was represented by attorney-at-law George Thomas while Halley was represented by Bernard DaSilva. The state was represented by a prosecutor attached to CANU. The trial was presided over by Magistrate Faith McGusty.

Attorney DaSilva, in his no-case submissions, contended that the prosecution expert witness– a drug analyst– under cross examination, stated that he conducted a test on the ecstasy tablets submitted by CANU. The witness said the ecstasy tablet is a compounded form of a variety of chemicals coming together and he did not find the presence of Amphetamine, which is prohibited under the Narcotics Act.

Ecstasy, which is known as MDMA as well as by other names, is a chemical, but as far as the analyst is aware, it is not listed as a prohibited drug in accordance with the Schedule in Chapter 10: 10 of the Narcotic and Psychotropic Act.

Magistrate McGusty, on Friday, November 8, 2019, ruled in favour of the no-case submissions and dismissed the case against the duo.

The prosecution’s case is that on the day in question, Halley called Bruce and together they planned the drop, which, unfortunately, was made to an undercover CANU officer.
However, when both parties were arrested and a confrontation conducted, Halley denied calling Bruce who, in turn, accused her of setting him up. In August, a 26-year-old Alberttown businessman, who was on trial for having ecstasy in his possession, was freed from the charge by Senior Magistrate Leron Daly, due to insufficient evidence.

Darrel John was on trial at the Georgetown Magistrates’ Court for selling the date-rape drug, ecstasy, to an under-aged boy and being in possession of the drug.
Particulars of the first charge stated that John, on February 12, 2018, at Lot 141 Alberttown, had two grammes of ecstasy in his possession.

Magistrate Daly dismissed the possession charge against John due to insufficient evidence by the prosecution to prove that the defendant had the drug or that it was indeed a narcotic.

In that case, John was represented by attorney-at-law George Thomas. The state was represented by Customs Anti-Narcotics Unit (CANU) prosecutor, Narissa Leander. John’s attorney had contended that ecstasy is made up of methylenedioxymethamphetamine (MDMA) and it’s not an amphetamine which is illegal under the Narcotic Drugs and Psychotropic Substances Act of Guyana.