St James woman acquitted of drug charges
ST JAMES, Jamaica— A St James woman who was arrested in September 2021 after more than five kilogrammes of cocaine and a round of ammunition were found inside a vehicle at a house where she was seen was acquitted of the charges following a no-case submission by her attorney on Tuesday.
Shereen Stewart, a 39-year-old sales representative of Farm Heights in St James, was charged alongside 41-year-old Leo Daley, a farmer of a Kilmarnock address in St Elizabeth.
They were jointly charged for possession of, and conspiracy to traffic 5.8 kilogrammes of cocaine. Daley was also charged with illegal possession of ammunition.
Stewart’s attorney, Andrew Dixon, stated in his submission that the Crown has failed to make a prima facie case because the essential ingredients to prove the allegations are missing.
Dixon also made reference to one of the officers who testified that Stewart denied knowledge of the packages and stated that she had nothing to do with them when another officer confronted her and asked her about them.
Additionally, he emphasised Stewart’s claim that she got into the car at MegaMart before they arrived at the house prior to the cops’ arrival.
The attorney went on to say that the evidence was insufficient to establish that she had factual and constructive knowledge, possession, custody, or control, or to establish that she willfully closed her eyes to an obvious means of knowledge in the circumstances.
Dixon also highlighted another factor, stating that the nature of the placement of the packages with the contraband recovered from the vehicle does not make them easily visible or identifiable.
“The crown’s case, at its very highest point, disclosed that Miss Stewart was merely a passenger in the Honda Fit motor car….no nexus has been created on the crown’s evidence between Miss Stewart and the allegations for which she is charged,” he said.
“There is no evidence that has been led by the Crown that is capable of establishing beyond a reasonable doubt that Miss Stewart knew that there was cocaine hidden under the cover of the back seat or that there was ammunition hidden either under the back seat or the carpeting at the rear of the car,” Dixon said, adding that the site or location of the finding makes it impossible to prove criminal liability.
In light of the points he raised, Dixon argued that the crown’s evidence was tenuous, that the crown had failed to discharge its burden, and that his client should not be called to answer.
In response to counsel’s submission, presiding judge Sasha-Marie Smith-Ashley stated that based on the evidence presented, they are not able to discharge that burden.
Stewart was subsequently discharged and told she was free to go.
The matter was subsequently set for continuation on September 11 when attorney-at-law Martyn Thomas will make a no-case submission on Daley’s behalf.
On September 8, 2021, a police team acting on information reportedly went to a house in Bogue Village in Montego Bay, St James where the pair was seen. A warrant was served at the house, but nothing illegal was discovered inside.
A blue Toyota Axio was then searched, but nothing illegal was found inside.
Daley’s grey Honda Fit was searched, and a round of ammunition, as well as four packages with cocaine, were discovered under the back seat.
Both were subsequently arrested and charged.