$88,000 confiscated as Caroni mom jailed for ‘coke’

HIGH COURT Judge Herbert Volney yesterday ordered that over $88,000 be confiscated from a Caroni mother of four, who was convicted of possession of 560 milligrammes of cocaine for the purpose of trafficking. In default of the order, she would be sentenced to one year in jail.

In addition to the confiscation order, the judge sentenced Caroni resident Angela Joseph to four years in jail for the offence, and instructed that the sentence begin from yesterday. Joseph, 33, of Spring Village, Caroni was found guilty of having cocaine for the purpose of trafficking at West Mall, Westmoorings, on April 22, 1998. The cocaine was valued at $250,000. Following the trial in 2002, then PoS Magistrate Deborah Thomas-Felix was informed that there was an application for confiscation before the court. The matter was then sent to the High Court in accordance with the laws on confiscation application, which states that a High Court Judge must deal with the matter, before sentencing is carried out.

In passing sentence yesterday, the judge noted that he had taken into consideration the fact that Joseph had spent one year in jail while awaiting the outcome of the confiscation application, her attorney’s plea in mitigation and the prevalence of the offence that was committed. In dealing with the confiscation application, the judge noted that in accordance with the Dangerous Drugs Act, it was the State’s responsibility to prove that Joseph had benefitted from the sale of drugs. He pointed out that documents tendered to the court stated that prior to April 22, 1998, Joseph had spent a total of $363,253.48 through various avenues including the purchase of a property at Ghany Trace, Caroni, one at Spring Village, Caroni, payments to the bank, cost of living and the cost of narcotics. The documents further stated that Joseph’s income for the period totaled $457,957 and was as a result of employment at a recreation club during the period April 1992 and March 1995, where she worked for $600 per week. The document also stated that during the period March 1995 to April 1998, Joseph had earned $2,250 per week as part owner of a club. In addition, she claimed that she rented out an apartment at Ghany Trace and made a total income of $9,450.

Justice Volney pointed out that he realised that Joseph was a stranger to the Board of Inland Revenue and had failed to comply with the law when she did not file returns of income. He also noted that no proof was presented by the State to prove that Joseph was part owner of a club as had been claimed and pointed out that he accepted that the properties were purchased from a legitimate source of income. Justice Volney then stated that Joseph’s financial status was recorded as follows. Wages earned for the period and the income derived from renting the apartment at Ghany Village amounted to $189,450. He noted that her expenses included bank payments $110,951.73, cost of living for period 1992 - 1998, $136,467.75 and cost of narcotics totaling $30,834, making the total expense for the period $278,000. He went on to show that when the expenses for the period is subtracted from the income the benefits from drugs derived by Joseph amounted to $88,803. Justice Volney then went on to explain that based on the current value of freehold properties in the country the Ghany Village house was now valued at $165,000 and the Spring Village property at $75,000. However, since the Spring Village property is owned in part by Joseph’s husband, then the value will be divided in two. The judge also noted that Joseph had a total of $105.67 in the bank. Her total value is recorded at $202,605.67.