DEFENDANT Francis Barakat who was allegedly found with 2.9 kilogrammes of cocaine in a suit case at the Cheddi Jagan International Airport in December, 2007, has been dismissed of the charge by Magistrate Priya Beharry. This happened recently,  when the Providence Magistrate accepted the evidence led by defence counsel, Mr. A. Juman-Yassin, who had submitted among other things,  that the evidence adduced against his client must leave any court in a state of doubt.
The defendant was charged with the offence of trafficking in narcotics in that he had in his possession on December 1, 2007 at the Cheddi Jagan International Airport 2.9 kilogrammes of cocaine.
He was an outgoing passenger to New York and was travelling with Travel Span Airline.
The prosecution’s case was that the Defendant was taking out cocaine in a suitcase and according to Juman-Yassin; the Court has to be certain, before any conviction, that the suitcase tendered was that of the Defendant.
The defendant had given sworn evidence and was cross-examined and his case was that the suit case was not his.
Juman-Yassin had submitted that if the Court believes him and/or is left in doubt, then the charge should be dismissed.
The Defendant claimed: “I was set up”.
Then his lawyer submitted that packages and other items were not dusted for finger prints neither was surveillance camera nor the tapes in the baggage area utilised in the investigation.
Juman-Yassin further submitted that there was no evidence that the baggage tag on the suit case was determined.  There was no evidence that the contents in the suitcase belonged to the defendant.  There was no fingerprints of the Defendant on anything found in the suit case and/or on the suit case and lastly absolutely no evidence of any hand writing of the Defendant on any of the tags, labels and of any other thing  on the suitcase.
The court was therefore left in doubt and dismissed the charge against the defendant after taking into consideration the circumstances of the case.  (George Barclay)