CANU urges setting up of narco court

By Bhisham Mohamed 

A midst a backlog of narcotics matters still to be completed in the courts, Customs Anti Narcotics Unit (CANU) Director, James Singh said it was time a special court is established for the hearing of drug cases. Singh, in an interview with Guyana Times International last week, said over the past three years, more than 80 charges have been instituted against drug traffickers in the Georgetown Magistrates’ Courts, but due to constraints of the magistracy, to date about 38 of those cases are still pending.

Eighteen of the 38 cases have been pending since 2009.

In light of the present statistics, Singh said, establishing a court to address primarily narcotics cases will be beneficial, not only to the organisation, but also the offenders.

In 2010, 26 cases were made against 33 persons with seven of these cases dismissed; 11 convictions were made, and eight cases are still pending. In 2011, there were 30 cases made against 38 offenders which saw 14 convictions.

Ten of these cases have been dismissed or withdrawn, while six of them are pending.

Singh noted that while charges are being instituted, in some cases, they are thrown out or withdrawn due to the lack of sufficient evidence. The pending ones are transferred from one court to another for either hearing or trial. He explained that when someone is charged with trafficking in narcotics or possession of narcotics for the purpose of trafficking, it is mandatory for them to make an appearance before the chief magistrate, who will in turn distribute the cases to other courts. The Preliminary Inquiry has to be done, and once there is sufficient evidence, the matter goes to trial, Singh noted.

However, for several years, concern has been raised over the slothfulness of the judiciary and snail- like dispensation of justice. Most of the narcotics cases are high pro- file cases, while others simply involve marijuana or other illegal substances.

Government through the subject minister, Clement Rohee has continuously pledged its commitment towards bringing to justice those who are found in possession of narcotics, or who are responsible for trafficking the illegal substance.

Addressing the issue of CANU prosecutors, Singh admitted that Oswald Massiah has been the only narcotics prosecutor for the longest period, and commended him for his work.

“Based on the increase in cases we have had, we are looking at other areas to support Massiah. As the cases increase, he alone cannot do everything since drugs are being found all over. We need to strengthen various areas such as the prosecution.

Training in the prosecution field is presently being con ducted and more so, the entire unit,” Singh added. At the same time, he noted that CANU will welcome additional manpower. Another issue that Singh said has to be addressed is the internal security at various ports; he thinks that they have to step up their game in order to fight the battle against drug trafficking.

“It is always felt that the state has the responsibility to find the drugs, and as such, in examining our strategy, both the units and the task force, it is better to work with these guys to improve their own security, and get them to be the tail end,” he added.

He further noted that CANU is not asking the task force to go and find the drugs, but are asking them to ensure that their system is a bit more rigid with no loop holes of which people will ultimately take advantage.

“If you have strong police at major ports and also at the lesser ports… it makes these guys scared.” The CANU boss disclosed that the key in fighting the narcotics trade is to make it difficult, expensive and in crease the risk. At the end of the day, he highlighted, drug trafficking is a business and the traffickers stand to make money if the risk is lower, but if the risk is increased, the traffickers stand to make less money.

Singh had disclosed earlier that in 2011, CANU made close to 40 seizures of illicit narcotics at various locations, most since 2009. In 2009, 54 kilogrammes of cocaine were seized, equivalent to 54 per cent of the total amount of cocaine confiscated in that year. In 2010, CANU seized 73.63kg of cocaine, amounting to 55 per cent of the cocaine seized that year, while in 2011, 126.55kg were seized, accounting for about 50 per cent of the total amount confiscated. So far in 2012, 27kg have been seized.

With respect to cannabis, five kg together with 21 grams of heroin were seized in 2010, and a whooping 574 kg was seized in 2011, along with 39.5 grams of heroin and 3005 cannabis plants. Most of these seizures were made on “water tops” where there were some gun play between the couriers and CANU ranks; the Cheddi Jagan International Airport, Timehri, was listed as the second popular port in terms of trafficking in narcotics.