The Court of Appeal yesterday ordered retrial of a woman convicted of cocaine possession ruling that there was a "specific illegality" in the magistrate's conduct of the matter. Justices Wendell Kangaloo and Humphrey Stollmeyer presiding in the San Fernando High Court quashed the sentence against Lyn Jones. Jones was found guilty by magistrate Alexander Prince in the San Fernando Second Magistrate's Court in September 2009. It was alleged that police found four grammes of cocaine in a purse in her bedroom on January 13, 2006.
The mother and sister were freed, but Jones was fined $3,000. She paid $500 forthwith and was allowed six weeks to pay the remaining amount. Her ground of appeal, put forward by attorney Frank Seepersad, was that during a break in the trial she saw the police witness PC Haynes follow complainant Williams into the Fifth Court. Williams had already given evidence and was cross examined.
Her then attorney, Hanesh Ramnath, brought this to the attention of the magistrate who held an inquiry.
However, Seepersad submitted, the magistrate took only the evidence of PC Haynes and did not allow the defence to cross-examine. Justice Kangaloo said they could not understand why the magistrate took only the evidence of one witness with no cross examination allowed. "There can be no reasonable explanation for that. That was a specific illegality which affected the merits of the case."
The judge ordered that the matter be heard before another magistrate. He also ordered that Jones be refunded the $500 she had paid, forthwith. She was placed on her own bail in the sum of $3,000. The matter was set for February 7 for a trial date to be fixed.