Cop lies, 3 ganja accused freed

So bad was the evidence of the policeman, the trial was discontinued and the three accused discharged and allowed to go home.

Before sending the accused on their way, Madame Justice Joan Charles, sitting in the Port-of-Spain Fifth Criminal Court, asked, "what does the DPP intend to do about this officer?"

Charles pointed out this was not the first time that the officer — Cpl Wayne Abbott of the Organised Crime and Narcotics Unit (OCNU) — had lied.

Charles added, "It is regrettable when a police officer, who took an oath to protect and serve, comes before a court and deliberately lies. The officer goes further and tells a lie to mislead a court to make a ruling."

The judge continued, "This strikes at the very heart of the administration of justice. The court takes a dim view of the conduct of Cpl Abbott. The DPP must go further and deal with this officer. This is not the first time that a court has had to make unfortunate remarks about his conduct."

Charles said the Court of Appeal had to make similar remarks in the appeal of Gutierrez v the State which led to all the accused being discharged.

"Being a member of the Organised Crime and Narcotics Unit, this officer would have several matters before the courts. Counsel for the State has to rely on what police officers and witnesses tell them. When an officer lies, the only losers are the citizens of this country.

"Counsel for the State is not to blame; it rests on the shoulders of Cpl Abbott," said Charles.

The accused — Narine Badloo, Nesham Singh, and Lakhan Ramlochan, of Bamboo Village — were before Charles charged with trafficking marijuana in Cunupia on September 26, 2002.

State attorneys Alexander Prince and Nirana Parsan prosecuted, while Gillian Lucky, Thomas Cunningham, and Leon Gokool represented the three accused.

At the close of the prosecution’s case, the defence made a no-case submission in the absence of the jury. When hearing resumed yesterday, Charles made certain remarks about the prosecution witness.

Prince left the court to consult with DPP Geoffrey Henderson. On his return, he told the court that during the cross-examination of Cpl Abbott, he became aware of a fresh statement coming from the witness.

Prince said the prosecution itself had not been informed of this further statement until September 23, during this trial. He said based on the testimony of the police officer, the DPP instructed him to discontinue the case against the three accused.

The judge then asked, "What does the DPP intend to do about this officer?" Prince said he had no instructions about that.

Charles responded, "I am sure he has other matters pending before the courts. It puts the whole administration of justice in a precarious position if a police officer doctors his evidence to secure a conviction."

Gillian Lucky commended Prince for the position adopted and felt the matter must not be allowed to end there. She said there must be justice for both sides. As a former police officer, Cunningham said the incident left a sour taste in his mouth.

The judge then directed the nine-member jury to return formal verdicts of not guilty in favour of the accused.