| Jacqueline Byass, 37, a housewife of Dukestown,Mark Duper Dolphins Jersey, Corriverton,Koa Misi Dolphins Jersey, who was found guilty by Magistrate Krisendat Persaud on July 16,Nolan Carroll Eagles Jersey, last at the Springlands Magistrate’s Court on the charge of possession of narcotics for the purpose of trafficking, was on Friday freed by the Full Court.Attorney at law Mursaline Bacchus had approached the court with an appeal.Mr. Bacchus filed the appeal after finding certain discrepancies in the guilty verdict pronounced by the Magistrate.The case for the prosecution as presented by Sergeant Michael Grant, was that on February 9, 2006 at Dukestown,Walt Aikens Dolphins Jersey, Corriverton, the police while conducting a search for arms, ammunition and drugs,Reshad Jones Dolphins Jersey, went to a shop at Orange Street,Chris Watt Chargers Jersey, Dukestown,Nate Kaeding Chargers Jersey, and unearthed 12 grams of cannabis which was concealed among some bottles, under the counter in the shop.Byass,Dorial Green-Beckham Eagles Jersey, who was alone in the shop at the time, was arrested. She denied knowledge of the drug. She reportedly told the ranks that she was only holding on for her brother, Loris Byass, who had gone out.Her brother subsequently turned up and was also arrested. He also denied knowledge of the drug. Loris Byass who was the Number one accused, absconded from custody. The Magistrate subsequently dismissed the charge against him and convicted Jacqueline.Attorney at law Bacchus then petitioned the High Court for bail for client.However, at the time of hearing the bail petition, Chief Justice Ian Chang realised that the Magistrate’s records of decision along with the records of appeal were in order and he fixed a date for the appeal instead.The full court comprising Chief Justice Chang and Justice Rishi Persaud, upon listening to the petition presented by the defence, granted the appeal on the grounds that the Magistrate used inadmissible hearsay evidence and evidence that did not appear on record when he convicted Byass.In addition,Lance Alworth Chargers Jersey, the Magistrate did not consider the obvious weakness of the evidence given by the main witness, Corporal Edoo. The woman was subsequently freed. |
