Mom charged with having drugs in house acquitted
A Warwick mother accused of having cocaine intended for supply in her house walked free from Magistrates' Court yesterday.
"The mother was charged to put some leverage on the son,'' contended defence lawyer Mr. Julian Hall, who represented Rhonda Lolita Robinson.
Robinson, who jointly owns a Warwick home, denied charges of being concerned with others in the possession of cocaine, possession of cocaine with intent to supply, possession of an unlicensed scanner, and knowingly permitting her premises to be used for trafficking.
Mr. King said in his judgment there was no evidence from the Crown to show the accused woman knew of the presence of the cocaine in the bedroom of her late sister Paula Robinson.
"A parent need not have knowledge of what her adult child brings into her house,'' said Mr. King.
He said Rhonda Robinson had physical control of the premises, but the prosecution failed to establish she had knowledge of the presence of cocaine.
"There was no evidence the drug was used or snorted in that house, or any use of the digital scales. Neither was there evidence drugs was brought from the house to the street transactions,'' said Mr. King.
Mr. King noted the scale was found by Police behind some pictures in the living room, and the Crown failed to show the mother knew of the scale.
On Thursday Mr. Hall called the decision to prosecute the mother of a man not before the court a "vicious abuse of power''.
Mr. Hall who was representing Robinson, 47, of 37 Hillview Road, Warwick said in his closing arguments the decision to prosecute Robinson "was designed to put pressure on the mother with the hope that her son Marvin would do the right thing and come forward''.
Crown counsel Peter Eccles objected to Mr. Hall's remarks by saying it was insulting to imply any impropriety on the part of the Crown.
But Mr. Hall reiterated his comments and told Mr. Eccles the remarks were not directed at him.
Earlier in the day the court heard how police conducted several undercover observations of Robinson's residence.
Sgt. Paul Hitchens told Magistrate Edward King police made observations of 37 Hillview Road, Warwick on seven different occasions last year.
Sgt. Hitchens said at 5.34 p.m. on January 21 he saw Marvin Kim Robinson, 27, otherwise known as "Skinny'' reverse a car into a garage to his mother's house then depart shortly afterwards on a motorcycle.
The officer said Robinson was seen later that day in front of his residence making several hand-to-hand transactions. He said he could not see what was passed.
Det. Con Robert Cardwell told the court he went to the Warwick premises to execute a warrant on Thursday 5.
He said he forced a bathroom door and saw her son inside.
The officer said he seized from inside a bedroom 13 cocaine "rocks'', and over $16,000 in cash which was in bundles of $1,000.
The rocks were analysed and found to be over 3.30 grams of cocaine with a street value of $650. Mr Eccles told the court Robinson only had an unlicensed scanner in his room. He said the cash was in another common room. The prosecutor argued the defendant, Robinson, closed her eyes to the obvious, and failed to take reasonable steps to prevent the alleged drug activity.
He said cases show that no actual knowledge was necessary for the court to find a person guilty of possession of drugs. Indifference he said is enough to prove Robinson had possession.
