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Lawyer argues for no case submission in drug trial

By PAVEL BAILEY

A LAWYER argued for a no case submission in his client’s ongoing drug trial in the Magistrate’s Court on Friday.

Antonio Baillou, 41, of Seven Hills Estates, appeared before Senior Magistrate Samuel McKinney.

During his arguments, Baillou’s attorney, Moses Bain, said when customs officer Hordari Collie and his K-9 came across the drugs in the airport on March 11, 2020 he did not follow the proper chain of custody. He alleged that when Mr Collie found the packages containing drugs with Baillou’s name on it – later identified as 23 lbs of cocaine – there was no clear record of him turning the drugs over to another customs officer.

Mr Bain further scrutinised the chain of custody, questioning why the transfer of the drugs to the Drug Enforcement Unit was not properly documented. He also called into question why there was no evidence submitted as to where the drugs came from. Mr Bain noted it was suspicious that there was no invoice for the package found, despite protocol for there being a manifest for any package entering the country.

It was this lack of an invoice as well as the fact that there was no name, contact information or address for the sender on the package that led Mr Bain to suggest that the drugs came from the customs officer himself.

Mr Bain also specifically questioned the possession charge on the technicality that his client never physically had the drugs as Baillou was arrested 11 days after they were seized by authorities.

Magistrate McKinney dismissed this argument and let the possession charge stand along with the two conspiracy charges and one importation of dangerous drugs with intent to supply charge.

The prosecutor, Inspector Timothy Bain, indicated that the accused elected not to take part in the record of interview (ROI) after his arrest, only for Baillou’s lawyer to inject and state that his client had participated. Mr Bain said it was during this time that Baillou said “no comment” when questioned about the ownership of the drugs.

However, the prosecutor raised the point that during the defence's previous court appearances, they never properly refuted the suspect’s name being on the consignment form for the package containing the drugs.

Insp Bain then submitted that there is sufficient evidence in this case and that the accused should be called to stand trial for the charges against him.

Magistrate McKinney adjourned Baillou’s case to May 2 for a final court ruling.

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