Lawyer argues for no-case submission in alleged drug smuggler trial
ST JAMES, Jamaica – A lawyer argued for a no-case submission in the ongoing trial of his client, who was arrested in 2021 after two bags containing more than 40 pounds of ganja and less than an ounce of cocaine were discovered inside his vehicle on the grounds of the Sangster International Airport.
Linroy Mundle appeared before trial judge Kaysha Grant-Pryce in the St James Parish Court on Monday on charges of possession of, dealing in, and taking steps to export ganja and cocaine.
During his arguments, Mundle’s attorney, Charles Sinclair, stated that the critical elements of knowledge on the evidence had not been established.
He referred to Mundle’s caution statement, in which he stated that someone had asked him to pick up a battery and oil from off the ramp, and emphasised that the police stated that his car bonnet was up when they arrived at the scene, which is consistent with his statement that he was expecting oil and battery.
“To show consistency, when the police tried to move the vehicle it couldn’t move,” Sinclair explained.
The lawyer stressed that nothing in the Crown’s case contradicted what Mundle told the police and that the officers could not tell the court how long he had the bags in his possession.
It was revealed in court that the vehicle was parked behind the petrol station and Sinclair argued that if his client suspected there was something illegal in the bags, he would have parked the vehicle closer to the gate.
According to Sinclair, there was insufficient evidence presented to the court to infer knowledge and asked that his client not be called upon to answer.
The clerk of the court responded by stating that Mundle knew what was in the bag and explained why he reached that conclusion. He referred to what Mundle said under caution that someone had asked him to pick up a battery and oil from off the ramp and pointed out that the vehicle was behind the gas station, not on the ramp, and questioned why would a security supervisor remove two bags onto the area behind the gas station without first checking their contents.
“If he really needed oil and battery, why were the bags on the inside and not on the outside, at the front where the bonnet was open?” the prosecutor questioned.
The prosecutor argued that the accused should have checked to see what was in the bags, and that the crown has difficulty accepting his explanation that he didn’t know what was inside.
In light of these points, the prosecutor stated that the crown has discharged its burden and that the defendant should be called to answer.
In response to the submission, Judge Grant-Pryce stated that there is evidence to satisfy the elements of the offence and that he has a case to answer.
The case was scheduled to be heard again on July 17 when a character witness will be called to testify in Mundle’s defence.
According to the allegations, on January 11, 2021, officers intercepted Mundle’s vehicle on the grounds of the Sangster International Airport in Montego Bay, St James.
The vehicle was searched, and the officers found two black bags with more than 40 pounds of ganja and cocaine weighing 0.65 ounces.
