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Prisoner cleared of having drugs in his cell

Allan Daniels

A convicted drug trafficker who allegedly had cannabis and heroin in his cell has been acquitted after a Magistrate found he had no case to answer.

Allan Daniels, 31, was charged with having the drugs inside the Westgate Correctional Facility on December 3. He had denied the charges.

He is currently in prison for possessing cocaine and cannabis valued at almost $73,000 and is currently serving 12 years behind bars for that offence, plus firearms offences.

At an hearing earlier, Daniels' lawyer Larry Mussenden put forward a no case to answer submission which Magistrate Khamisi Tokunbo agreed with on Friday. He said: "The defendant was charged with two counts of possession of heroin and cannabis in Westgate. He's pleaded not guilty.

"The prosecution called three witnesses. The evidence is that a search of the cell found drugs concealed in a prison cell sink.

"The discovery was only made after a second alert by a canine and the faucet was moved by a screwdriver. There was no evidence as to if the cell was searched with a canine previously."

He continued: "There was evidence that the defendant was in and out of his cell for specific times and periods but it couldn't be said if he was out the day the drugs were found and if his was door was locked.

"On occasion prison cells are left ajar or unlocked and other inmates can enter the cells. The defendant was not permitted to have tools in his cell and no tools were found during the search of the cell."

Mr. Tokunbo said: "The defence then submitted their no case to answer under the fact that he had no possession of the drugs. I find there is evidence that the defendant had possession.

"However, in the absence of when his cell was searched and the absence of evidence that he had been absent from the cell or when absent, I find the evidence of physical possession inherently weak.

"For the reasons previously stated, I feel the trial cannot properly convict. The defendant's application is therefore allowed and he is formally discharged."

Mr. Mussenden said after the ruling: "I think it appears to be a case that had no merit from the beginning. There was no evidence to connect the substances to my client.

"He's grateful that the matter has now come to a close and that he can get on with serving his sentence without this matter hanging over his head."

The Crown's case was that Daniels put the drugs in the faucet.

The court was told earlier that a dog found the drugs and a screwdriver was used to open the faucet. The drugs were said to be .08 grams of heroin and 9.7 grams of cannabis.