A 32-year-old man who was found with several marijuana plants claimed they accidentally sprouted when he threw the seeds out after smoking.Police arrested Craig Cash after they found nine Indian hemp plants around his residence on July 3.
He pleaded guilty to cultivation of dangerous drugs when he appeared before Magistrate Samuel McKinney. He must pay $800 to avoid spending two months behind bars.
The court was told that officers went to Cash’s Golden Gates residence. Upon their arrival, they showed the accused their warrant and began their investigation. During their search, officers found seven marijuana plants in a flowerpot. The court was told a further search led to the discovery of two additional marijuana plants.
When officers questioned Cash, he told them when he smoked the marijuana and threw the seeds out, they would germinate due to the rainy season. He claimed the plants would “catch and grow fast”. He was subsequently arrested and taken to a nearby station. During his interview there, he maintained his original explanation. The prosecution said the plants ranged in height from three inches to one foot.
During the hearing, Cash’s attorney told the magistrate he accepted responsibility for his actions because he did not want to waste the court’s time. He also said Cash was a father of two and was the sole breadwinner of his family.
In response, Magistrate McKinney said the cultivation of drugs was not a misdemeanour but rather one of the more serious offences under the law. As a result, he fined Cash $800 or two months at the Bahamas Department of Correctional Services.
On December 19, 2015, an armed individual, disguised in dreadlocks, camouflage and sunglasses, entered Esso gas station’s East Street location and robbed the cashier of $1,500.
#A short time after the crime was committed, Antwoin Johnson turned himself in to authorities and was subsequently charged with the robbery.
#During trial, the prosecution contended Johnson was the robber, while the case for the defence relied on the argument of mistaken identity. His counsel argued that although he did not give evidence, in his record of interview, he admitted to being at the establishment earlier on the day of the robbery.
#Over the course of the proceedings, Johnson also called an alibi witness in his defence while the Crown called three eyewitnesses. According to court documents, one eyewitness was not able to identify the appellant at the identification parade nor in court. The other two eyewitnesses identified Johnson as the robber at an identification parade, but were unable to identify him in court.
#Nevertheless, the appellant was found guilty, convicted, and sentenced to 15 years imprisonment. Johnson recently appealed his conviction on several grounds concerning the identification process. He also challenged the safety of his conviction after arguing there were several “misdirections and misstatements” of the evidence that affected and possibly prejudiced the likelihood of him receiving a fair trial.
#After some deliberation, Justices Sir Michael Barnett, Roy Jones and Carolita Bethel quashed Johnson’s conviction and said both parties will be heard on the issue of retrial.
#In their judgement, delivered by Sir Michael, the panel noted the presiding judge appeared to give an explanation for the contradiction or inconsistency of the eyewitness testimonies which was not supported by the evidence.
#“During her summing up the judge below told the jury that the reason the two witnesses were unable to identify the appellant in court was due to the passage of time, that was not the evidence,” Sir Michael explained.
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