Bench warrant issued for cop investigating drug case
ST JAMES, Jamaica — Concerned about delays in a drug smuggling case that has not made much progress despite coming before the court 12 times, a judge on Tuesday issued a bench warrant for the investigating officer, who failed to show, causing another delay.
The case will be back before the St James Parish Court on May 8, when the cop is expected to be present. The warrant will not be executed before then.
The lengthy delays were commented on by both Parish Judge Sasha-Marie Smith-Ashley and defence attorneys for Indra Waite, Brelanie Reid and Romaine Kerr, who are facing several charges under the Dangerous Drugs Act.
“This case has been plagued by delays…What is paramount is that an accused, who says he or she is not guilty is to be afforded a fair trial in reasonable time…The investigating officer ought to have been aware of today’s date because he was present when the date was set,” the judge said.
Attorney Charles Sinclair argued that the prosecution had failed to establish a clear case against the three defendants, whose lives have been disrupted by the trial’s repeated delays.
“The court ordered that there should be full disclosure of documents, and up to today, the order of the court has not been followed. The defendants cannot continue with their lives because of what is hanging over their heads, and I honestly believe that it is time for the prosecution to do the honourable thing and offer no further evidence against them,” said Sinclair.
In response to that complaint, the prosecution assured the defence attorneys that an electronic copy of the outstanding documents would be distributed to them.
In the meantime, attorney Henry McCurdy cited several grounds for discontinuing the case, including what he deemed inefficient work by the officers involved in the case.
“I am sorry for the prosecution because they are in a hole, and it is unfair for a citizen of our beloved Jamaica to come to court for a year and a half, which my friend in the prosecution cannot say is quick or speedy. I submit to you today that the officers involved are senior officers and they ought to know better,” he said.
On February 21, the defence lawyers asked for the case to be dismissed for lack of prosecution, citing the prosecution’s tardiness in gathering enough evidence to make its case.
According to the allegations, on October 10, 2021, the defendants conspired and placed a bag containing 11.4 kilograms of cocaine worth $88.1 million on board a Sunwing Airlines flight that they were servicing and that was due to depart from the Sangster International Airport in Montego Bay, St James.
The cocaine was intercepted at the Toronto Pearson International Airport in Canada and one person was arrested in relation to the seizure. Following top-level investigations, the three St James residents were also arrested and charged.
Waite, a 43-year-old security supervisor, is charged with possession of criminal property and aiding and abetting.
Reid, a 23-year-old aviation security officer, is charged with breaching the Civil Aviation Act, while Kerr, a 35-year-old ramp attendant, is charged with possession of, dealing in, and attempting to export cocaine.
On Tuesday, bail was extended until their next court appearance.
A fourth defendant was freed after the prosecution dropped the conspiracy charge against all of the accused persons.
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