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CANU has no authority to institute such charges – defence attorneyAlleged cocaine dealer Narayan Jarbandhan, 40, of 11 Gordon Street, Kitty, was freed for a second time on a charge of possession of cocaine for the purpose of trafficking. Hearing the matter was Magistrate Fabayo Azore at the Whim Magistrate’s Court.The Magistrate upheld defence no case submissions by Attorney at Law Ramesh Rajkumar. The lawyer argued that the Customs Anti Narcotics Unit has no authority to institute such charge.The case for the prosecution which was presented by CANU prosecutor Oswald Massiah was that around 06:00hrs on November 3, last year CANU agents swooped down on a location in the Crabwood Creek/Skeldon Line Path, Corentyne area.There they held four men and recovered 41.856 kilogrammes (approximately 82 pounds) of cocaine which the men had for the purpose of trafficking. The drug is believed to have come through Guyana’s North West District and was en route to Suriname. The operation commenced after the area had been under surveillance for a few days.The Magistrate stated that she had difficulty believing the testimony given by the Prosecution’s witnesses. Their evidences were unconvincing and not sufficient.Giving an unsworn statement from the dock, Jarbandhan had contended that he was picked up from an island in the Corentyne River and brought to BASS office on the Corentyne where he was beaten. He was then taken to CANU office where he was again beaten. He had stated that he was taken to prison on remand,Wholesale Authentic Jerseys Outlet, but the prison authorities had refused to accept him due to his injuries. The suspect was then referred to the Georgetown Hospital.The magistrate had thrown out both the written and oral statements given by the accused having concluded that the statements were not given freely and voluntarily.Attorney Rajkumar submitted that his client was not present where and when the substance was seized. His client, he had contended, was picked up on an island. He also contended that there was no evidence that he was arrested to put a confrontation to him. The lawyer contended that his client cannot be arrested in the police station.He then submitted that CANU has no authority to institute a charge of such nature.Four men were charged on the first occasion with the huge cocaine bust. The charge against three, Jarbandhan and Gary Belgrave, of Section ‘C’ Turkeyen, East Coast Demerara; and Leo Hernandez, of Block X Section ‘C’ Diamond, East Bank Demerara, was initially dismissed. The fourth man, Salim Bacchus, of Crabwood Creek, whose name appeared on a separate docket, was tried and later freed.He is now facing a charge of murder committed on Narcotics detective Constable Jirahan Diananand on September 14, last.Charges were subsequently re instituted against the three who were freed, but only Jarbandhan was arrested and charged. The other two men- Belgrave and Hernandez are still on the run.Jarbandhan was charged with a similar offence stemming from a drug bust at the Cheddi Jagan International Airport (CJIA) while he was travelling to Canada, sometime during 2009.He was convicted of trafficking in narcotics, sentenced to five years’ imprisonment and fined $30,000 but has appealed the conviction. He is out on bail pending the outcome of the appeal. |