Judge jails man for three years
nearly $15,000 worth of marijuana in two pairs of jeans found in his suitcase after he arrived on a flight from Jamaica.
The 32-year-old unemployed Warwick man cried out in shock as Chief Justice the Hon. Mr. Justice Ward sentenced him to three years in prison.
After three-hours of deliberations, the jury of seven men and five women returned unanimous verdicts of guilty on the charges of importation and possession, but they acquitted him of intending to supply the 10.6 ounces of marijuana.
On hearing the verdicts, Burgess maintained his innocence, telling the court: "The only thing I can say is the drug didn't belong to me.
"I did not put it in my suitcase. I still don't know how it got there.'' Mr.
Justice Ward said he took the jury's verdict to mean they believed the marijuana was for Burgess' own use and would not sentence him as harshly as he would have had it been for supply on the local market.
He said he was also taking into account Burgess' admitted alcohol and drugs problem.
Nevertheless, he said: "The offence is sufficiently serious to warrant immediate custody.'' Burgess cried out "Geez!, What!'' after hearing he was going to Westgate for three years.
He shook his head as he was led out of the court by prison guards. Mr. Archie Warner, representing Burgess, had asked for leniency if the judge had incarceration in mind. He said Burgess had only one past drugs conviction and that was for possession in 1982.
The fact his client had a substance abuse problem and had not brought the drugs in for supply ought to be taken into account too.
He added 10.6 ounces of marijuana, though valuable here, was not worth much in Jamaica.
But Crown counsel Mr. Khamisi Tokunbo disagreed, saying the amount was "huge''. He said the sentence must reflect the fact Burgess was a courier of drugs, whether for himself or for supply and should send a strong message to any other would-be traffickers.
He also noted Burgess' long criminal record for offensive behaviour, theft, being drunk and incapable and assault which dated back to 1978.
"Clearly the matter calls for an immediate prison sentence,'' he said.
The drugs were found sewn into the leg of each pair of jeans.
Burgess, who arrived off a charter flight from Jamaica on January 3 this year said only one of the jeans were his -- the other belonged to a "Robert (Smith)'', also on the flight.
It was Burgess' case that the drugs were planted in his suitcase in Jamaica when they were out of his sight. He had been partying with Smith in Jamaica, he said.
"There's no credible evidence he knew the drugs were in his bag,'' Mr. Warned had argued during his summation. And he said, "There's something more than suspicious about Robert Smith.'' Mr. Tokunbo had argued $15,000 worth of drugs was "not normally an amount for personal consumption''.
He told the jury even if they found Burgess suspected or had "reason to suspect'' drugs were in his suitcase they must by law find him guilty.
He added: "Robert Smith is not on trial.''
