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Chief Magistrate Ian Weekes was right when he dismissed the drug charges against Ralph Joseph James since he had no jurisdiction to hear the matters.
This was the ruling of the Court of Appeal yesterday as it threw out the appeal brought by the Commissioner of Police challenging the dismissal of the Jamaican’s charges.
The court also ordered that the Crown pay $5 000 in cost to the former accused.
James, 61, a marine engineer, of No 58, Grants Avenue, Sydenham, Spanish Town, St Catherine, Jamaica, had been accused that within the limits of the island’s Exclusive Economic Zone (EEZ) established by the Marine Boundaries and Jurisdiction Act Cap 387, and within the jurisdiction of the magistrate of District “A”, he had cannabis; he had a traffickable quantity of the drug and he had it with intent to supply, on November 7, 2020. (HLE)
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Man to seek compensation after drug charges dismissed
Article by December 16, 2020
Drug charges against Ralph Joseph James were dropped today and the Jamaican handed over to immigration officials “for their consideration”, after his lawyer successfully argued that local authorities had no jurisdiction to charge him.
Furthermore, his attorney Ryan Moseley contended that the State had breached his client’s constitutional rights as a person in Barbados and compensation would be sought.
James, a 61-year-old marine engineer, had been on remand at Dodds for the past 28 days charged with being within the limits of the exclusive economic zone established by the
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Ralph Joseph James was handed over to Immigration officials after he had three drug cases dismissed yesterday. (Picture by Heather-Lynn Evanson.) Social Share
AN ATTORNEY is urging Coast Guard sailors and marine police to be careful where they arrest suspected drug runners as they could be outside of Barbados’ territorial waters and jurisdiction.
Attorney Ryan Moseley made the comments yesterday after he successfully argued for the dismissal of three drug charges brought against Ralph Joseph James, who was held 34 miles off Barbados last month.
“I would suggest they do not act extrajudicially. The Coast Guard and marine police can only arrest boats when they are in Barbados’ territorial waters. period,” Moseley said.