Retrial for 13-year-old trafficking charge

Dexter Roberts,  who was charged for trafficking in marijuana 13 years ago, convicted and sentenced to six years hard labour, was ordered to face a retrial by the Court of Appeal.

Chief Justice Sat Sharma and Justice Stanley John did not agree with submissions on Monday that a retrial would be an abuse of process because of the time factor. State attorney Ronnie Boodoosingh pointed out to the Court that a four-year delay in Roberts’ trial was due to his own fault. Boodoosingh recalled that Roberts absconded and failed to show for his trial.

Robert’s attorney, Israel Khan SC, had argued that the magistrate made a fundamental error on the onus of proof in that in giving a reason for conviction, she cast a burden on the appellant (Roberts) to establish a reasonable doubt in the trafficking matter before her. He said it was up to the prosecution to prove its case beyond all reasonable doubt and not the appellant. Roberts of Patna Village, Diego Martin, was arrested and charged by PC Dave Douglas at Plum Mitan Road, and convicted on June 14, 1997. Also appearing with Khan was attorney Mervyn Campbell.