Magistrate dismisses drug trafficking case against nightclub operator 

Magistrate Judy Latchman today dismissed a drug trafficking case against nightclub operator, Leon Nicholas, of Soesdyke, East Bank Demerara. Magistrate Latchman upheld submissions made by Nicholas’ attorney Siand Dhurjon that the prosecution failed to established that his client possessed 6.7kg of cocaine for the purpose of trafficking. The dismissal of the case comes after lengthy proceedings which spanned over two years at the Diamond Magistrates’ Court. It was reported that on September 1, police officers raided by the A1 Nightclub and Bar located at lot 19 Backroad Soesdyke, East Bank Demerara. The building also houses several apartments. There, police discovered a quantity of cocaine concealed in a salt bag. Reports had indicated that when questioned, the nightclub operator had stated that he had rented the room to an individual just over a month ago but had no information about the tenant’s identity or whereabouts. The police continued their search of the entire facility, including the nightclub and apartment building, but did not find any other illegal items. Dhurjon has contended that under the Narcotics and Psychotrophic Substances Control Act, where the police discovers any amount of cocaine above 2 grams, the law presumes that the cocaine was held for the purpose of trafficking and the defendant has the burden of proving otherwise to the court. Dhurjon noted that the case against his client was that he was keeping the said cocaine in a salt bag in the toilet area of the apartment in question. He argued that police officers gained access to the apartment through a window as Nicholas said he did not have the key. In this regard, he highlighted in his submissions to that the cocaine was not found in Nicholas’ presence and that the premises had another owner who was never investigated and who had access to the apartment. Under cross examination, police officers were challenged as to whether the search was done in the presence of the accused and whether the accused made any admission of ownership. The accused also elected to give sworn testimony and subjected himself to cross-examination from the prosecutor. The accused case was that the apartment was rented out by him a month prior to the search and only that individual had the key. He stated that this man paid in advance for the entire month and this is what he also explained to the police. Nicholas testified that a window to the room through which the police had access was unlocked. The defence’s case was also that Nicholas never gave any admission of wrongdoing to the police. Magistrate Latchman ultimately ruled that, “outside of finding Mr. Nicholas within the parameter of A1 Night Club and Banquet Hall, there is absolutely no evidence to establish that he had control of the cocaine. There is no evidence to prove that he knew of the existence of the cocaine in Room 5. And in these circumstances, I find Mr. Leon Nicholas not guilty and this case is dismissed.”