Clamens freed after successful appeal
A series of blunders and oversights by the Department of Public Prosecutions, the Supreme Court Registrar and a Supreme Court Justice, resulted in a convicted drug courier being set free by the Court of Appeals yesterday.
But defence lawyer Larry Mussenden, who defended Michael Anthony Clamens, said he was "elated and satisfied" that his client was allowed to get on with the next phase of his life.
On June 19, Clamens, 24, was convicted of possession with intent to supply 348 grams of heroin - worth $1.48 million - in August 1999. He was sentenced to eight years in prison.
The Pembroke man - who was jointly charged with Sharif Boyd Taylor, 24 - was also charged with a second count of handling the drugs.
But he was found not guilty for handling. Taylor received an eight year sentence on his guilty plea. Yesterday, before the appeal hearing got off the ground, Mr. Mussenden and Crown counsel Dorien Taylor's arguments were cut short, because of several legal technicalities, cited by Sir James Astwood and the Court of Appeal panel.
After reviewing the appeal application it was noted that Assistant Justice Archibald Warner should have instructed the jury to find Clamens guilty on both counts. It is understood that two verdicts cannot exist separately and it was suggested that the Crown should have charged the one charge of possession. And in a minor issue that suggested to influence on the appeal being granted, the second charge of handling, was not signed by the Supreme Court Registrar - essentially nullifying the charge.
It was amended after Clamens' co-accused, Taylor, pleaded guilty. There were also allegations that a female juror felt intimidated by Clamens during the June trial and the Appeals Court panel said an investigation into the allegation should have been held "for the court records" or the juror should have been excused. Those factors, according to the panel were "troubling".
Clamens' went to trial after he pleaded not guilty to picking up a DHL package which contained the heroin hidden in several bottles of facial cleanser and maintained throughout his trial he was unaware of the contents of the package.
Until the time his matter went to trial, Clamens was on remand at Westgate confined to a cell 23 hours a day. After the hearing, Mr. Mussenden said based on the outcome of this appeal he will seek a way to change the laws regarding prisoners on remand, saying it is "an issue that needs to be addressed".
"My client is happy that this matter has come to a close after spending two years in prison," Mr. Mussenden said. "He is looking to getting back into the community. He was on a 23 hour-a-day lock down, which is something that I intend to be addressing with the Minister of Labour."
Ever since "Clean Sweep" prisoners rioted in the remand area of the newly built prison in the mid 1990s, the regimen in that area has been restrictive.
Clamens is the second man to have a drug conviction overturned on appeal in recent weeks. Jamaican national Clifton Hopeton Morrison, had an appeal granted in his favour last Thursday to avoid a fourth trial on drug importation charges stemming from 1999. He was freed to return home on his own recognisance.
