A lawyer yesterday launched a no case to answer submission in the trial of a prisoner who allegedly had cannabis and heroin in his cell.

Larry Mussenden, lawyer for convicted drug trafficker Allan Daniels, argued there was not sufficient evidence to find his client guilty.

The 31-year-old is charged with having the drugs inside his Westgate Correctional Facility cell on December 3.

Daniels denies the charges.

He is currently serving 12 years for firearms offences and for possessing cocaine and cannabis worth nearly $73,000.

Mr. Mussenden said: "In the case you heard from officer Shaun Bailey. In his evidence you heard they checked the faucet area and they found something. He also said they used a screwdriver to remove the faucet.

"On cross-examination, the witness said up to 48 prisoners are in the area at a time. They can go in the cell when the prisoner is not there. They didn't know if the cell was unlocked that day."

Mr. Mussenden continued: "There's no evidence to suggest that Mr. Daniels had visible control of that item. On the basis of that evidence, we say when Your Worship reviews the information of the element of possession, we say there's not evidence that Mr. Daniels was ever in possession of those two substances."

Crown counsel Cindy Clarke disagreed.

"It's my submission that my learned friend is incorrect in that there is no evidence whatsoever. Mr. Daniels is the sole occupant of the cell where the substances were found.

"The Misuse of Drugs Act allows for the presumption that if you are in possession of a container, you are in possession of the items. It isn't the tap that had the flow of the water but the controls of the sink.

"There is sufficient evidence for the inference to be drawn. It's up to Your Worship."

The Crown's case is that Daniels put the drugs in the faucet.

The court was told earlier that an alert dog found the drugs and a screwdriver was used to open the faucet.

The drugs were said to be .08 grams of heroin and 9.7 grams of cannabis.

Magistrate Khamisi Tokunbo reserved his ruling until October 15.