CHINESE national Yang Xia Fa, who was charged with trafficking two grammes of cocaine, had his case dismissed by Magistrate Adela Nagamootoo, last week, after the prosecution failed to get an interpreter. The magistrate had previously ruled that the proceedings were a nullity and ordered a new trial, by February 1, which was expected to involve a translator.
However, despite adjournments, the police did not produce anyone to do the interpreting, resulting in the dismissal.
Police Corporal Orin Joseph, prosecuting, had submitted that the evidence of the witnesses was not, in any way, weak or manifestly discredited.
He argued that the testimony of Detective Constable Fraser was clear, cogent and compelling, as the defendant was seen acting in a suspicious manner and that prompted the search of his person and vehicle, in which the narcotic was found.
The prosecutor said the illegal substance was shown to the defendant and he admitted ownership.
However, Defence Counsel Kim Kyte-John countered that the defendant could not comprehend the language spoken and, therefore, did not properly instruct her.
In the circumstances, she contended that it was procedurally unfair to allow the prosecution to continue and, in the interest of justice, it should stop.