By KEILE CAMPBELL
Tribune Staff Reporter
kcampbell@tribunemedia.net
A 56-year-old steel worker was spared a criminal conviction after admitting ownership of 23 grams of marijuana found during a police search of a Carmichael residence, while his co-accused was convicted and fined after pleading guilty to possessing larger quantities of the drug.
Jean Robert Simbert of Palm Breeze Lane, appeared before Magistrate Shaka Serville alongside Jacky Auguste, 26, Gregory Saint Merant, 25, and Michaela Forbes, 31. None of the four defendants was represented by an attorney.
Prosecutors alleged that shortly after 1am on Thursday July 2, officers acting on information executed a search warrant at a grey-and-white apartment on an unnamed road off Palm Breeze Lane.
According to the facts read in court, officers were met by Simbert with police conducting asearch of the residence and allegedly found 2.5 ounces of hydroponic marijuana inside a black backpack in a bedroom area, 1.5 ounces of hydroponic marijuana in a bathroom and 23 grams of marijuana in a bedroom.
All four defendants were taken to the Drug Enforcement Unit for questioning.
The court heard that Simbert told police the 23 grams belonged to him and that he bought the marijuana to smoke with his girlfriend, while Auguste admitted ownership of the marijuana found in the black backpack and the bathroom.
Simbert pleaded guilty to the charge relating to the 23 grams, while Auguste pleaded guilty to the charges relating to the 2.5 ounces and 1.5 ounces. The remaining defendants pleaded not guilty to all charges.
During mitigation, Simbert asked the court for mercy, saying he had ten children, had worked as a steel worker and truck worker for the past eight years and that the incident would not happen again.
Magistrate Serville deemed that based on Simbert's plea, there was no evidence of an intention to supply the drugs. The prosecution subsequently moved to amend the charge to simple possession and sought a fine.
The magistrate noted that Simbert had no previous convictions, was gainfully employed and had not lived a life of crime. He also said that imposing a conviction could jeopardise Simbert's employment.
Simbert was conditionally discharged and ordered to be of good behaviour for one year, otherwise pay a $1500 fine. If he fails to pay the fine, he will serve six months at the Bahamas Department of Correctional Services. No conviction was recorded.
Auguste initially disputed the court's record of a 2018 conviction for possession of ammunition, for which he had been fined $500, before later acknowledging it. The court also heard he has another matter pending before the courts.
Auguste told the court he had been holding the marijuana for someone else, smoked marijuana himself and had no intention of selling it. He said he worked in welding and steel work and helped care for his 14-year-old stepdaughter.
Magistrate Serville said Auguste's circumstances differed because, even on his own account, he was facilitating another person.
After considering his guilty pleas, age and previous conviction, the magistrate convicted Auguste and fined him $500 or six months at BDOCS for possessing the 2.5 ounces of hydroponic marijuana. He was also fined $350 or three months for possessing the 1.5 ounces, with the custodial terms to run concurrently.
The matters against Mr Saint Merant and Ms Forbes were withdrawn by prosecutors following the guilty pleas.
Auguste and Simbert are to return to court September 25for report on payment and good behavior compliance.
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