A Prospect man was on Friday fined EC$12,000 for possession of 46 grammes of cocaine that police found in his girlfriend’s crotch.
The fine was handed down on Shawn Garraway after he pleaded guilty to the charge before Chief Magistrate Rechanne Browne-Matthias at the Serious Offences Court, in Kingstown.
Garraway’s girlfriend, Tamara Williams, who was jointly charged for the same offence, pleaded not guilty.
The charge against her was withdrawn after Garraway accepted the facts presented by the prosecution.
The court heard that on Thursday, July 12, about 4:30 p.m., Police Constable 615 Williams was among a party of Narcotics and Rapid Response Unit officers who went to the home and premises of Garraway to execute a search warrant for firearm, ammunition, and controlled drugs.
When they arrived, police met Garraway at his liquor and provision shop, along with his girlfriend.
Nothing illegal was found on the premises.
However, police requested a search of Williams’ person and she was taken to an outside toilet, where PC Williams found the cocaine in her crotch in a brown taped package.
When cautioned, Williams said, “Officer, is somebody give me to hold.
PC Williams took the defendant back to the shop and showed the drug to Garraway, who said, “Officer, a mine own.”
In mitigation, defence counsel Stephen Williams told the court that on the day that the drug was found, a young man had come to Garraway’s business place saying that police were tracking him down.
The lawyer said the man gave the package to his client and asked him to hold it for him.
“He foolishly did, and, within five minutes, the police came,” the lawyer said, adding that when Garraway was arrested, he accepted full ownership of the drug.
The lawyer further said that he knows that the drug is cocaine, but added that it is not a large amount.
He asked that a fine be imposed on Garraway, saying that the couple have two children, one 16 and a 9-year-old girl who had to be without her parents the previous night, because of the incident.
The lawyer told the court that he was shocked when he heard the facts in the matter, adding that he rebuked his client because he knows that Garraway has made some changes in his life.
“Unfortunately, when friends lead you down a path–” Williams said, but did not finish the thought.
Senior Prosecutor Adolphus Delplesche made no submissions on sentencing.
Before sentencing Garraway, the chief magistrate stood the matter down so she could review the sentencing guidelines and recent sentences she has imposed for similar crimes.
During the sentencing, she told the defendant that she really doesn’t like cocaine offences and that the court tends to take a stern line on such charges.
Browne-Matthias said that the aggravating feature of the case was the quantity and class of the drug. She further noted that Garraway has a criminal record, but that his last conviction was in 2008.
The chief magistrate said the defendant seems to have been making an effort to walk the straight and narrow, or maybe he had not been caught since.
She said she was minded to impose a fine, but said that the amount would reflect the quantum of the drug.
The chief magistrate urged Garraway to ensure that his lawyer is paid, saying that had it not been for Williams’ submissions, the sentencing could have gone quite differently.
The court ordered Garraway to pay EC$3,000 forthwith of 10 months in jail; EC$2,000 by July 30 or eight months in jail, and EC$7,000 by Oct. 19, 2018 or one year in jail.
After leaving the courtroom, Garraway’s lawyer gave him some sheets of paper to hide his face as journalists were photographing him.
Garraway, however, pushed a Searchlight journalist who was taking photographs of him.
His lawyer did not respond when iWitness News shouted to him that his client had assaulted the Searchlight reporter.
A few sheets of paper only? To cover the face of the accused? Cha! A box of 10 reams of paper is not nearly enough to cover the blight on all the faces of the players in this scene. The accused and his girlfriend need the least covering.
He must have said, a mines own not a mine own and the girlfriend should certainly have been charged and convicted as well and would have been if their genders had been reversed.
Also was it her crotch or her cat? Usually when cocaine is found in this way, it is the latter.
watch where your mind “deh pon “……… lol
Fair sentence in light of the facts read. BUT this continuous assault of Journalists must stop! Jounalism is a profession and the journalist must be respected, as if they were a Lawyer or Policeman on duty.
Cocaine was found in girlfriend crotch and not in her vagina
Did I get it right can someone tell me if I get it right
He should have said it belongs to me. This is how we Vince speak. Don’t you agree. We don’t say cat any more we say vagina. Is it not so?
One of our calypsonians needs to compose something about this for our next Carnival along the lines of:
White powder in de hairy bank,
White powder in de hairy bank,
White powder in de woman tank, tra, la, la.
White powder in de money place,
All de money gone from de hairy space, tra, la, la.
Money gone fu pay de court,
Money gone fu pay de court,
No money left in de woman fort, tra, la, la
De money gone, no money day,
De money gone de court to pay, tra, la, la.
Money gone from de hairy bank,
Money gone from de hairy bank,
De woman left with she empty tank, tra, la la.
ben you a jack of all trades ….smh lol
The judge’s need be be consistent with the sentencing, just last week a youth get 6 month for half ounce of home grown weed and here you have something of a much harder substance the accuse escaped jail. Twelve thousand dollars is not equivalent to 6 months in jail, this judge is amongst the best in SVG but you can’t soften your heart, it seems like cousin carries a lighter penalty than weed, I wonder why.
PROSECUTORIAL MOCKERY
This not only represents a clear case of ‘…Prosecutorial Mockery,’
but also a prosecution that appeared starved of knowledge of the
elements that constitute the charge ‘…Unlawful Possession of Cocaine.’
From ‘…professional training; …knowledge and practical prosecutorial
experience, these include (i) …Possession (actual/constructive);
(ii) …knowledge; and (iii) …control.’
While the defendant ‘…Shawn Garraway’ may have ‘…knowledge and control,’
the prohibited substance was ‘…actually found on the person and possession
of his adult girlfriend Tamara Williams.’
Reasonable inferences may have been drawn that she ‘…knew what
she was concealing from the Police.’
There was no doubt that she had knowledge of the substance as to have
carefully concealed it ‘…where angels of the devil have no fear to tread.’
C ben-David is absolutely correct. She should have been prosecuted.
The public must feel greatly dissatisfied, while the ‘…team of officers
and arresting officer must feel deeply aggrieved and gravely demoralized.’
C.ben-David I think you will win the calypso competition next year with that song.
Penalty did not fit the crime.
For the he next carnival, I want to enter the carnival competition , which goes like this tell me about the new hiding spot for coke. You can much soke you can you can smoke… it you can drink it…..