Samuel Barbour, a 77-year-old, seriously ill, retired businessman of Colonaire, has been allowed six months to pay the Court $2,400 for possession of 5,604 grams (12 pounds) of marijuana with intent to supply.
If Barbour fails to pay the fine, he would go to prison for six months.
Magistrate John Ballah handed down the penalty at the Kingstown Magistrate’s Court on Monday after Barbour pleaded guilty to the charge.
In presenting the facts, Prosecutor Shamrock Pierre told the Court that around 5:30 a.m. last Sunday, acting on information, Inspector Nolan Dalaway of the Rapid Response Unit (RRU) headed a party of officers from the RRU, Special Services Unit (SSU) and Narcotics Unit to execute a search warrant at Barbour’s home at Colonaire. On arrival, Inspector Dalaway knocked on the door, and shouted, “Police!” Barbour answered and opened the door.
Dalaway identified himself and his colleagues as police officers, read the search warrant to Barbour, and requested a search. Barbour consented to the search and he and Zenrick Lewis, who was also met at the house, were both asked if they had anything illegal to declare. Lewis said no, but Barbour did not reply.
A search of the house uncovered two plastic bags of marijuana in a deep freeze. When cautioned, Barbour did not reply. The search continued and a white plastic bucket was found containing two wrapped parcels which, when cut open, revealed more marijuana. When cautioned, Barbour again did not reply.
Attorney Grant Connell who represented Barbour, told the Court in mitigation, that the offense should fall in category C, based on the quantity of marijuana involved. He, however, pointed out that his client played a lesser role.
Connell asked the Court to consider his client’s age, and that Barbour suffered from several serious medical complications, including prostate problems, hypertension, and arthritis. He noted that Barbour had no previous convictions and pleaded guilty at the first available opportunity.
Connell said that based on his instructions, a farmer had left the marijuana at the house for Barbour to hold for him.
The Magistrate agreed with Connell that the offense fell in category C, based on the quantity of marijuana, but he did not agree that Barbour played a lesser role. Ballah was of the view that Barbour’s role was significant. But the Magistrate said he was mindful of Barbour’s age, and illness, and therefore opted not to impose a custodial sentence. He found no aggravating factors of the offense, and in relation to the mitigating ones, he noted that the marijuana was not concealed or hidden in any sophisticated manner.
In relation to the mitigating factors of the offender, Ballah noted that Barbour had no previous convictions. The defendant had also pleaded guilty at the first available opportunity which earned him a one-third discount on his sentence.
The Magistrate arrived at the penalty after weighing the aggravating and mitigating factors and doing the mathematical calculations, in accordance with the sentencing guidelines.
Barbour was charged jointly with Zenrick Lewis, but Lewis pleaded not guilty to the charge, and after the facts were accepted by the defense, the prosecutor indicated that the prosecution was withdrawing the charge against Lewis.
SOURCE: The VINCENTIAN
