FORMER APNU+AFC parliamentarian Devin Sears has been cleared of a narcotics trafficking charge after a Linden magistrate upheld a no-case submission made by his attorneys, ruling that the prosecution’s evidence amounted to suspicion rather than proof.
The charge against Sears was dismissed on Thursday by Magistrate Rushell Liverpool in the Linden Magistrates’ Court following legal arguments advanced by attorneys-at-Law Nigel Hughes and Kiswana Jefford.
According to Jefford, the prosecution’s case relied heavily on the assertion that a strong scent of cannabis was emanating from bags found inside a minibus being driven by Sears at the time of his arrest.
However, during cross-examination, one of the police witnesses acknowledged that his ability to identify the smell of cannabis was based on specialised training received as a law enforcement officer.
The witness further accepted that Sears had received no such training and therefore could not be presumed to have identified the contents of the bags based solely on smell.
Additionally, police witnesses admitted that the contents of the bags were not visible and could only be determined after the bags were opened.
“The evidence therefore suggested that the contents were not visible and the evidence led by the prosecution relied on suspicion rather than proof of knowledge,” Jefford stated.
The attorney also noted that Sears’ co-accused had accepted full responsibility for the narcotics, leaving the prosecution without evidence that Sears knowingly participated in the alleged trafficking operation.
“Suspicion, however strong, cannot find a conviction,” Jefford said.
The dismissal brings an end to criminal proceedings against Sears arising from a major drug bust conducted by police in Linden last October.
Sears, 39, had initially been charged with possession of narcotics for the purpose of trafficking and was remanded to prison after appearing before Magistrate Liverpool.
His co-accused, 69-year-old farmer Albert Sandy of Tacama Waterfront, Upper Berbice River, pleaded guilty to the charge and was sentenced to four years’ imprisonment.
At the time, Sandy accepted full responsibility for the 310.71 kilogrammes of cannabis discovered in the vehicle and admitted that the drugs belonged to him.
Despite that admission, Sears was initially remanded to prison before later securing $400,000 bail from the High Court.
The charges stemmed from an operation conducted on October 20, 2025, near the old Bamia Police Checkpoint in Linden.
Police ranks on mobile patrol stopped a dark blue Toyota Hiace minibus bearing registration number BAJ 4486, which was registered to the Region 10 Tourism Committee Inc.
According to police, Sears was driving the vehicle when officers became suspicious after observing what they described as nervous behaviour.
Investigators alleged that Sears appeared to be sweating heavily and informed officers that he was transporting “tourism plants.”
A search of the minibus uncovered 22 bulky black plastic bags and four large brown canvas bags containing leaves, seeds and stems suspected to be cannabis.
The narcotics were later weighed and amounted to 310.71 kilogrammes.
Both men were arrested and cautioned. Police subsequently reported that Sandy admitted ownership of the cannabis and told investigators that he had paid Sears to transport him to Parika.
Following the incident, Sears resigned from the Region 10 Tourism Committee, where he had been actively involved in tourism-related initiatives.
