In Berbice High Court…
JUSTICE Franklyn Holder, sitting in the Berbice High Court, yesterday granted an order of certiorari, quashing a five-year prison sentence, imposed by Magistrate Chandra Sohan, on Sidel Glasgow, who was convicted of drug trafficking.
Glasgow was also fined $920,000 with the alternative of a further 18 months imprisonment, at the New Amsterdam Court, in Berbice.
But the judge on his absolute order, set aside the conviction by the magistrate in 2009, on the ground that it was unlawful, unjust, unfair and without or in excess of jurisdiction.
The edict said the decision of the magistrate was null and void, of no legal effect and awarded $25,000 costs to Glasgow.
In a supporting affidavit, Glasgow, represented by attorney-at-law Ms. Kim Kyte-John, said he would, sometimes, stay at the Lot 25 Charles Street, New Amsterdam home of his girlfriend, Pulmattie Harricharran, who was recently jailed for four years, on being found guilty on a joint charge with him.
The document said, on March 12, 2009, Glasgow was not on the premises when a party of policemen raided and unearthed a bag containing narcotics in the bottom flat of the house.
Harricharran, her parents and other family members were put into a patrol jeep and transported to Central Police Station in New Amsterdam.
Glasgow said he went to the station to enquire the reason for their detention and, he too, was taken into custody.
He said, the following day, without being afforded the opportunity of seeking legal advice, he was put before the Court, charged jointly with Harricharran, with being in possession of 2,300 grammes of cannabis (marijuana) for the purpose of trafficking.
Glasgow said he was advised by Police detectives to take the rap, so that his co-defendant could be freed and, without being afforded the time to get legal representation, he pleaded guilty and was remanded to prison until May 27, 2009, for sentencing.
However, he denied having knowledge of the prohibited substance and stated that he had gone to the house with a friend on the day of his arrest.
Glasgow said, after retaining counsel, who entered an appearance for him, he changed his plea to not guilty and the magistrate further adjourned the case, for defence counsel to lay over submissions, in writing, on the application for plea changing.
After that was done on April, 3, 2009, the case was, again, postponed to April 24, 2009, for ruling, but the magistrate was absent that day, resulting in another postponement to May 29, 2009.
On that date, other attorney-at-law Mr. Michael Baird held the brief for Kyte-John, but was told that Glasgow had been sentenced in his absence.
Glasgow denied being sentenced by any magistrate in his presence or hearing any narration of prosecution facts or seeing the magistrate record anything. He said neither did the magistrate allow him to represent himself or be represented by counsel, who was on record, to make a plea in mitigation or otherwise.
It was also stated that the sentencing was recorded as having been done on May 29, 2009 and not April 4, 2009, which was written on the case jacket signed by the magistrate.