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Supreme Court quashes drug conviction

The family of a man, previously found guilty of possessing cannabis with intent to supply, was all smiles after his conviction and sentence were quashed in Supreme Court.Randy Munro, 21, was sentenced to spend 30 days in jail after Senior Magistrate Archibald Warner found him guilty of possessing 15.24 grams of marijuana with intent to supply on December 7.Munro, of Middle Road in Southampton, admitted to possession, but denied he was going to sell the drugs, which could fetch between $675 and $750 on the streets of Bermuda.During the trial, the court heard police raided Munro’s home on August 6 and found the drugs in eight plastic bags on the kitchen counter and another bag in his bedroom.They also found $950 cash in his wallet.Munro said the bags were separated as they contained different “grades” or qualities of cannabis for his own use and said the cash was from salary he made as a constuction worker.In addition to jail time, the magistrate also fined him $30,000 and ordered him to pay within one week or serve four months imprisonment in default.On Thursday, Chief Justice Richard Ground overturned the conviction for intent to supply and fined Munro $1,000 for possession.He said: “I think this case was to start with somewhat of a border line case considering the amount involved and (it) needed careful treatment by the learned magistrate.“(Munro’s lawyer) Richard Horseman today challenged and raised issue about the packaging of the material and cash found on the defendant, which needed resolving with some care by the learned senior magistrate.”The Chief Justice accepted Mr Horseman’s point that Detective Constable Alickson Severin, who gave evidence in the trial, had not seen the packaging of the drugs and could not speak to whether the bags contained the same quality or weight of marijuana.Even if the packages were in equal portions, the Chief Justice said it was unclear whether Munro was about to sell the drugs or if he had bought them that way.According to Mr Justice Ground, the senior magistrate dealt with the case “inadequately” and did not explain how he handled those issues. “But these appeals are against the conviction, not the magistrates’ reasons,” he added.“I do not think this was a strong case entirely. I think that on balance this conviction is probably unsafe and (Munro) gets the benefit of the doubt on that.”Mr Horseman argued his client should be eligible for a fine or conditional discharge considering it was his first offence and he had already served seven days in jail.But prosecutor Maria Sophianos disagreed with a conditional discharge considering the amount of drugs involved.The Chief Justice ordered Munro to pay the fine within 24 hours or face three months imprisonment in default and said the defendant was entitled to the cash seized from his home during the raid.His family declined to speak formally after the appeal, though one member called the ruling a blessing.