CHARLESTOWN, Nevis – PATRICESIA JAMES, the young mother of Cherry Garden who was charged for illegal possession of cannabis and possession of cannabis with intent to supply, was on Tuesday (Jun. 28) fined EC$100,000 for the drug bust.
Represented by Attorney-at-Law Natasha Grey, the 21-year-old appeared before Magistrate Yasmine Clarke at the Charlestown Magistrate Court and pleaded not guilty to the charges.
However, after listening to arguments from both sides, Magistrate Clarke had found James guilty on both charges and fined her EC$100,000 to be paid in six months or, if in default, serve two years at Her Majesty’s Prison.
According to the facts of the case, at about 12:15 p.m. on Friday, November 13, 2015, members of the Anti-Narcotics Unit, Special Services Unit and the Nevis Task Force had conducted a search on the Cherry Gardens residence of the accused and found 517 pounds of marijuana with an estimated street value of EC$7.75M.
However, in court, it was disclosed that the illegal drugs for which she was charged had weighed 436 pounds with an estimated street value of EC$5,2322M.
Called on police prosecutor Inspector Eurita Collins-Perceval to take the stand, investigating officer Sergeant Carline Phipps told the court that during a search of James’ home, a large quantity of the illegal drugs were found behind a locked door.
The Sergeant explained that on opening the door, several “white crocus bags”, upon which were some taped bales, and a bucket were discovered in a corner of the room. She also told the court that there was a hole in one of the taped bales through which she saw a vegetable material suspected to be cannabis.
The investigator testified that James was told of her suspicion and she was subsequently taken into custody.
Also, in her testimony, Phipps said the material was sent to St. Kitts, where an analyst determined that it was cannabis weighing 436 pounds with an estimated street value of EC$5.232M
In her defence, James told the court that a friend, whom she described as tall and dark and lives in Craddock Road, had taken the items to her home four days prior to the search and that she was unaware of the contents.
When asked by the prosecutor if the friend had paid her for holding the drugs and how much she was offered, James replied in the negative. She however responded in the positive when asked if she had trusted the friend.
In mitigation, attorney Grey told the court that her client was holding the items for a friend and did not know that they were illegal drugs. She asked the court to provide James the opportunity to return to society in order to care for her two young children, but to let her know what she did was wrong.
Grey also begged the court to impose a non-custodial sentence on her client.
In handing down judgment, the magistrate stated that the offences carry a maximum penalty of 10 years and a minimum of five. She however found James guilty on both offences and spared her jail time, but imposed the EC$100,000 fine.
