State pushing for 25-year jail terms

Prosecutor Brent Winter, in written submissions to the judge, said Parliament enacted legislation in 2000 setting the minimum sentence on conviction for such a crime to 25 years.

“Notwithstanding how one may personally feel about the stringent sentences prescribed by the Act, it is the duty of our courts not to make law, but to apply the law as passed by Parliament. Unless and until there is some change in the law, the offence of being in possession of a dangerous drug for the purpose of trafficking attracts a minimum pecuniary penalty of $100,000 and a minimum custodial sentence of 25 years,” Winter said.

Barry Francis and Roger Hinds were convicted of possession of a dangerous drug for the purpose of trafficking, contrary to Section 5 (4) of the Dangerous Drugs Act 2000 (Act 44 of 2000).

The defendants were also convicted of possession of marijuana, possession of a firearm and shooting at Ricky Joseph with intent to commit grievous bodily harm.

Winter, in his submissions to Justice Carla Brown-Antoine, was critical on Section 5 (5) of the Act which prescribes the minimum sentence.

He said former Attorney General Ramesh Lawrence Maharaj had piloted the bill in accordance with the country’s signing of the Vienna Convention 1988.

But defence attorney Ulric Skerritt, counsel for Francis, yesterday argued that Parliament had enacted the legislation and it was up to the court to interpret and apply it.

He noted that the court could not consider the Hansard extract the prosecutor had included to support his arguments.

“For the court to be allowed to go into Parliamentary debates, is to incite this court to fall into error,” Skerritt warned. “Parliament enacts legislation. The court has to interpret and apply,” he added. Brown-Antoine adjourned the sentencing to April 28. Amorelle Francis was counsel for Hinds.