Smith acquitted of cocaine charge
car led him to be cleared of crack cocaine possession on Wednesday.
Senior Magistrate Archibald Warner found Maurice Chevalier Smith not guilty of possession of more than four grams of crack cocaine with intent to supply on February 29.
Mr. Warner called "crucial'' Smith's admission "it could have been left in my car by other guys last night'' and added the case "stands or falls'' on a conversation between him and a Police Inspector.
"I considered this evidence crucial,'' Mr. Warner said. "I find that the matter of fact statements made by the defendant were voluntary and those statements are admissible.
"This case stands or falls on whatever is made by those admissions. I have to consider the effect,'' he added.
The "height of the prosecution's case'' Mr. Warner said, was Smith's admission "yeah, it's mine''.
He continued: "It was Insp. (Coughlin) Gibbons who said that the defendant told him at the time of the arrest that it was not his and that it may have been left in the car by one of the guys the night before.'' "In this case, I must be certain beyond the shadow of a reasonable doubt. I cannot say that I am satisfied that when the defendant made these statements, he was in fact admitting to possession of the drugs involved.
"That being the case, I am bound to acquit him,'' Mr. Warner concluded. "The defendant is acquitted.
"It had nothing to do with voluntariness, I accept that the statements were made voluntarily and the Police spoke with him. It was the Police evidence that saved him.'' Smith, of King Street, was arrested because of outstanding warrants shortly after 8.30 a.m. that morning by Insp. Gibbons and Sgt. Robin Sherwood in rush hour traffic, on Middle Road, Devonshire.
Smith's mother Lucille Stovell, was driving and his son was in the front passenger seat.
The twists were later found to contain 42 "rock like'' pellets of 91 percent pure cocaine weighing 4.04 grams with a reported street value of $2,100 and 0.95 grams of 97 percent pure powder cocaine worth $250.
The case revolved around Smith's admission of "yeah, it's mine'' to Police.
Smith's lawyer argued the confession was not admissible because it was "induced'' from Smith because Sgt. Sherwood had told Ms Stovell her car would have to be "confiscated'' under the Misuse of Drugs Act, thereby inconveniencing her, and when she told her son to "tell the truth'', it coerced the confession.
Smith denied saying "it's mine'' and explained: "I didn't say anything. I said all right. My mother said to do something. I never volunteered that it was mine.''