DPP queries light sentence

WHILE expressing satisfaction with the procedure followed by police prosecutors in the charging of Anthony Rodriguez for possession of $1.56 million worth of in cocaine, Director of Public Prosecutions (DPP) Roger Gaspard, SC, yesterday expressed concern over the apparent lightness of the sentence handed down given the quantity of drugs involved.

Rodriguez appeared before senior magistrate Indrani Cedeno in the Tunapuna Magistrates First Court on Wednesday to answer the charge of possession of possession of 3.918 kilograms of cocaine. The court prosecutor recommended the charge be laid summarily instead of indictably, affording Rodriguez the opportunity to plead.

He pleaded guilty, was fined $17,000 by Magistrate Cedeno or in default two years imprisonment. He was given six months to pay. The sentence caused a stir among prosecutors and police with the latter questioning the soundness of the prosecution’s decision.

Speaking yesterday at his Port of Spain office, DPP Gaspard said after he received word of the sentence, he conducted his own inquiry and spoke with
acting Deputy Commissioner of Police Harold Phillip on Thursday. Gaspard said he asked for documents pertaining to the case.

Referring to a 2005 memorandum issued by one of his predecessors, Gaspard said he believes the officer acted responsibly and within his authority.

“I was satisfied that the police prosecutor acted properly within the realm of his authority in that his recommendation for summary trial was consonant with a directive given by the Office of the Director of Public Prosecutions to the police. That directive concerned this very issue, about police prosecutors recommending summary trial in particular circumstances.

“Obviously this sentence has attracted serious concern from the wider community, the police service and Office of the DPP, because on the face of it, it appears to be on the lighter side, notwithstanding the guilty plea.” He said in cases where the accused pleads guilty, the sentence imposable is discounted by one third.

He said the quantity of cocaine found at Rodriguez’s home amounted to less than 5 kilograms as outlined in the memorandum, which meant that the prosecutor acted appropriately in recommending a summary trial. The document also said a magistrate presiding over the matter may also be inclined to consider the suspect’s criminal history and the multiplicity of offences, including the quantity of drugs found in this case or whether the accused pleaded guilty and the sentencing options available would be enough to match the offence.

Despite this however, he also said the perceived lightness of the sentence was discouraging to police who risked their lives to interdict the trafficking of drugs. He explained that part of the reason for the ruling, could be attributed to the slow pace of trials in the High Court, for which larger drug-trafficking matters were reserved, while comparatively smaller cases would be heard at the magistrates’ court.

He said given the outcome of the hearing, he would be considering appealing the sentence, but was unable to say how long this would take if pursued.

“As far as I’m concerned, the critical issue is whether or not the sentence imposed by the magistrate is appropriate in all the circumstances. I can tell you that this is receiving my active consideration, with a view to whether or not an appeal is likely to succeed. But that appeal, if brought, is likely to succeed.”

Speaking on a recent seizure of an estimated $18 million in cocaine from a vessel in the Gulf of Paria, Gaspard said he was aware of the find and it was likely to be prosecuted by the Office of the DPP.