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by pltm
(PLTM) - The Office of the Director of Public Prosecutions’ (DPP) failure to present a Drug Analyst’s certificate for a case that is over two years old may result in the matter being dismissed.
Yesterday, December 6, Magistrate Shawn Innocent inquired why the trial of Kerrison Smith, who is facing charges in relation to cocaine possession with the intent to supply, is yet to commence over two years after his arrest.
The Crown Counsel revealed that they are yet to procure the Drug Analyst’s certificate in the matter.
In July 2016, Smith was found with a quantity of marijuana and 30.9 grams of cocaine. He had admitted to possession of the marijuana, and pleaded guilty to the charge in court. However, he denied knowledge of the cocaine.
As part of their case, given that the man denied knowledge of the cocaine and the matter must go to trial, the Prosecution has to prove that the substance is indeed the narcotic by way of the Drug Analyst’s certificate.
The visibly peeved Magistrate pointed out that the incident occurred in June 2016, and that the Forensic Drug Analyst was in the territory in early 2017.
He therefore questioned the whereabouts of the certificate and the drug exhibit needed for the case.
The Magistrate chastised the Crown Counsel who has conduct of the matter, telling her that she has been of “very little help to the court,” as this was not the first occasion that the matter had to be adjourned due to lack of progress made on the prosecution side.
He described this as “absolutely inconceivable.”
When told that the police had not produced the certificate as yet, Magistrate Innocent told the Crown Counsel that if the questions in relation to the whereabouts of the certificates and exhibits cannot be answered on the next occasion, “I will throw out the matter.”
In recent months, the Crown has faced continuous criticisms for their handling of matters, which has led to the slow process in getting rid of the backlog of criminal cases in the court.
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