Judge orders retrial in drug trafficking case

(CNS): A Jamaican national who was convicted of drug trafficking and given an 11 year jail sentence in Summary Court had the verdict overturned and a retrial orderedFriday, following a successful appeal before a Grand Court judge. Justice Malcom Swift overturned the conviction of Dainion Cecil Henry as a result of a finding by Magistrate Grace Donalds in her decision that evidence which was not capable of being corroborated had supported other evidence against him. Henry had been found guilty in his absence in 2009 as he had escaped from George Town police station before his trial.

The 32-year-old man, who was in custody in relation to robbery and firearms offences ahead of the drugs trial when he escaped, was extradited from Jamaica in August last year. He was then jailed and began serving his sentence in relation to the drug trafficking conviction but the other charges relating to firearms and robbery were dropped by the crown last month because there was no evidence.

Following his successful appeal on Friday, the court ordered a new trial, though attorneys are expected to argue the issue of which court should hear the case this week. Henry was remanded in custody, even though the conviction was found to be unsafe, as he is still serving a sentence for escaping lawful custody.

Originally found guilty in Summary Court in November 2009, Henry was accused of supplying more than 20 cocaine pellets to a witness, who had swallowed and transported them to the Cayman Islands and who was later arrested and gave evidence against Henry.