PRINCIPAL Magistrate Allan Wilson, presiding at the Mahaicony Magistrate’s Court, has dismissed the drug trafficking charge against Ramlall Ramdihal, following a submission from defence counsel that no prima facie case had been established against the accused.

Ramdihal, a 38-year-old field supervisor from Bath Settlement, West Coast Berbice (WCB), had been arrested after police discovered 92 pounds (41.768 kilogrammes) of cannabis in his vehicle.
Defence counsel, Bernard Da Silva, argued that the prosecution had failed to provide sufficient evidence for the charge of trafficking in narcotics to stand.

In his written submission, Da Silva referred to past judicial precedents, noting that when determining whether or not the prima facie case can be made out, the court is to consider the case as a whole and not look merely at the individual evidential links.

He referred to the ruling in State v Gowkarran Persaud et al. (1976), 24 WIR 97, where it was established that a general view of the evidence was to be taken into account.
Further evidence in support of his argument, Da Silva also referenced R v Galbraith (1981) 2 All ER 1060, highlighting that the prosecution’s evidence provided, if taken at best, was not reliable.
He contended that, as much as the prosecution tried, the evidence fell short of the required standard for a prima facie case and thus his request that the charge be dismissed.

Despite the prosecution’s efforts to present its case, the Magistrate’s decision to dismiss the charge came after Da Silva’s successful argument that there was insufficient evidence for the case to proceed. The Magistrate upheld the defence’s submission that a prima facie case had not been made out, leading to the dismissal of the trafficking charge.

The issue was sparked when Ramdihal was taken into custody on February 8, 2024, in the evening when he was caught parked on the south side of Now or Never Public Road, Mahaicony, East Coast Demerara (ECD). Ramdihal, according to reports from the police, could not provide a reasonable explanation for his presence at the location.

A search of his vehicle, a white car with the registration number PVV 1495, led to the discovery of three bulky white salt bags in the trunk, which contained parcels wrapped in plastic that tested positive for cannabis. Ramdihal allegedly claimed that he had been instructed to pick up the bags at No. 30 Village, West Coast Berbice (WCB), and deliver them to Georgetown for payment. However, he refused to disclose who had given him the bags.