CHARLESTOWN, Nevis - ANDRES MILLARD, a native of Santo Domingo but who has been residing in the Federation for over seven years, appeared Tuesday (Apr. 6) before presiding Magistrate Yasmine Clarke at the Charlestown Magistrate’s Court to answer charges of possession of cocaine and possession with intent to supply.
Millard, who was represented by a lawyer from Cozier and Associates, pleaded not guilty to the charges but has to pay a hefty fine.
The first witness, Corporal Irvin Bradshaw, testified that while on a mobile patrol with two Constables on Martin Drive at about 4:20 on the morning of November 1, 2009, he saw two persons sitting next to Verlin’s residence whom he recognised as Millard and a female companion.
The Corporal added that when they were about 20 feet away from the defendant he noticed a transparent bag in his right hand and, as they got closer to the defendant he witnessed him throwing the bag to his rear.
Bradshaw explained to the court that he got out the vehicle and told the defendant what he observed and asked him to stand up. “When the defendant stood up, I found the said bag containing white substance which I suspected to be cocaine,” added the Corporal.
He further told the court that he arrested the defendant and took him to the Charlestown Police Station along with the find, which was later taken to the government analyst for testing. The result of that test, he added, revealed that the bag contained 1.9 grams of cocaine. Corporal Bradshaw said the defendant was then formally charged.
While being cross examined, defence counsel argued that because of the hour of the day visibility was poor and the officer was unable to see the defendant throw the bag containing cocaine to his rear as alleged. Bradshaw however explained that nothing had impeded him from observing what transpired that early morning, because the area was well illuminated by the lights of the lamp posts in the vicinity as well as the light from the patrol vehicle. He also explained that EC$450, US$36 and a cheque to the value of EC$44 was found on the defendant.
Defence counsel further asked Bradshaw if he knew the defendant was selling newspapers, to which he replied that Millard was not plying his trade at the time of the incident.
Constable Vernon George also testified and told the court that he saw when Millard threw the bag behind him and heard when Corporal Bradshaw told him what he observed. He also said that he witnessed when Bradshaw picked up the bag from behind the defendant.
George confirmed to the monies found on Millard and said that he endorsed his signature on all the items, which the defendant refused to sign.
In his defence, Millard told the court that he is a newspaper vendor and sells for all the print media houses in the Federation. He also stated that the monies found on him were his earnings from the sale of newspapers and he was not in possession of any drugs. “I was only sitting with a friend. I don’t know nothing about any drugs”, he added.
His explanation was however not enough to convince the court of his innocence. He was convicted and fined $5 000 to pay in three months or, in default, spend six months at Her Majesty’s Prison.
Magistrate Clarke reminded him of the seriousness of the offence and noted that because it was his first brush with the law during his seven-plus years in the Federation, he was saved a prison sentence.
In that same court, Evanson Hanley of Clay Ghaut pleaded guilty to possession of cannabis and was fined $2 000 to be paid in six months or spend six months in prison for the offence, which was committed on April 2, 2010.
It is recorded that Hanley appeared before the same court two months ago for a similar offence and was fined $800. He promised the Magistrate that he would not appear before that or any other court for such offences again, and should he do so he must be sent to prison for a long time.
