Cleo Peters Appellant v Commissioner of Police Respondent [ECSC]

JurisdictionCaribbean States
CourtEastern Caribbean Supreme Court
JudgeCECIL LEWIS, C.J. (Ag.), ST. BERNARD, J.A., LOUISY, J.A. (Ag.)
Judgment Date06 Sep 1972
Neutral Citation[1972] ECSC J0906-2
Docket NumberMagistrate's Criminal Appeal No. 20 of 1978
[1972] ECSC J0906-2

IN THE COURT OF APPEAL

Before:

The Honourable the Acting Chief Justice

The Honourable Mr. Justice St. Bernard

The Honourable Mr. Justice Louisy (Ag.)

Magistrate's Criminal Appeal No. 20 of 1978

Between:
Cleo Peters
Appellant
and
Commissioner of Police
Respondent

G.E.D. Clyne for Appellant

D. Lambert, D.P.P. for Respondent

CECIL LEWIS, C.J. (Ag.)
1

The appellant was convicted on the 31st August, 1971 of being in possession of cannabis sativa L. He was fined $150 and ordered to undergo 2 months' imprisonment if he failed to pay the fine in 2 months.

2

The facts out of which this appeal arises are that on the 16th of May, 1971 an acting Inspector of Police, Adonis Franc is accompanied by Corporal James, Detective Hazzard and Woman Police Constable Williamson went to the Caribana Restaurant armed with a warrant to search the premises. The appellant who was the proprietor of the restaurant had taken over the management thereof about a year before from two Americans, Bryan Hardman and Margaret Craig. They had previously conducted a bar, restaurant and night club on the premises which are approximately 300 feet from a place called Yacht Services. The premises consist of three floors—a ground floor, a centre floor and a topfloor. While a storeroom on the second floor was being searched, Corporal James found a State Express cigarette box on the top of a meter. Sergeant Belmar, Sergeant Hors-ford and the appellant, were present when the box was found. The box was opened and it was found to contain fragments of herbs and seeds. It was handed to Sergeant Francis who was also there. Sergeant Francis asked the appellant how the "cigarette box got into the storeroom". He said he didn't know. He also asked him when was the last in the storeroom, and he said on Thursday. He further asked him "who all have access to the storeroom" and he replied "his sisters and his friends who assist him." Sergeant Francis then told the appellant that he would be charged with having dangerous drugs in his possession.

3

The other policeman, Police Constable Hazzard, in the appellant's presence found a small cardboard box in the speaker of a radiogram which was in a corner upstairs, i.e. on the top floor. This was an abandoned speaker which had been on the premises before the appellant took them over, and it had been there since the previous persons were in possession of the premises. Corporal Hazzard opened the small cardboard box and this too...

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