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Man on 12-year-old ganja charge jailed

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A decision over 12 years ago by James Baptiste to accept a $200 job to transport 25 kilogrammes of marijuana landed him in jail yesterday for five-and-half years. The 51-year-old father of two was sentenced by Justice Hayden St Clair-Douglas after he pleaded guilty in the San Fernando High Court.

In passing sentence, St Clair-Douglas said the court must recognise the negative societal implications and spin-off of the drug trade in general and the trade in cannabis in particular. Baptiste was arrested and charged on April 6, 2004 after the drugs were found in his car at Bonne Aventure Road, Gasparillo.

The State’s case led by Brandon Sookoo who said that PC Michael Seales, now inspector and head of the Police Service Social and Welfare Association, and other officers, were in a police vehicle when he intercepted a white Royal Saloon, driven by Baptiste.

The police found a crocus bag containing 24 packages of marijuana on the floor of the front passenger seat. When challenged by the police, Baptiste said: “Boss a man paid me $200 to collect that green for him.”

Pointing out that Baptiste made a wrong decision when he accepted the job to transport the illegal drug, St Clair-Douglas accepted that Baptiste did not own the drugs.

However, he said the law sought to punish for possession rather than ownership. The judge also took into consideration that Baptiste did not have any relevant previous convictions.  

Noting that he also considered two letters of commendations submitted by his attorney, Subhas Panday, on Baptiste’s behalf, the judge said an appropriate starting point was eight years hard labour. 

The judge granted Baptiste a 30 per cent discount for his guilty plea which amounted to two years and six months. Baptiste had initially pleaded not guilty but changed his plea after he was arraigned and a jury empaneled to hear evidence in the trial.


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