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Man Gets Off Trafficking 50 Pounds Weed On His Birthday
posted (August 28, 2012)
36 year-old Mark Sacasa got a birthday gift today when he was acquitted of a major drug trafficking charge. Police had arrested him with 51.3 pounds of marijuana but they dropped the ball in the trial.?

According to the detective constable from the ADU, who was in charge of the case, he and another police officer busted Sacasa at a checkpoint in Hattieville on December 7, 2011 at around 5:30 p.m. According to the officer, they found the drugs in the trunk of a vehicle which he as driving.

Sacasa's trial began in the court room of the Chief Magistrate, Anne Marie Smith last week Wednesday. The arresting officer made his first mistake when his written statement, which was dated December 7, mentioned steps taken on the following day. Sacasa's attorney, Arthur Saldivar, questioned the validity of the statement because the officer was writing of events which happened in the future. As a result, the statement was not admitted into evidence.

In reference to the confiscated drugs, the officer made a huge error when filling out the chain of custody form. He received all the evidence on date of the arrest, but based on the form, it showed that he didn't hand them to the exhibit keeper until the following day. Again, Saldivar questioned the integrity of the evidence given the several hours' lapse in time.

In relation to the samples sent to the forensic lab, again, the chain of custody form showed that he held them for several hours before handing them over on December 8.

Saldivar raised the point that no one was sure as to what happened while these samples were in his possession. As a result, they were not admitted into evidence, and the court did not recognize the confiscated items as marijuana. When the prosecution closed its case, Saldivar made a no-case submission based on the lack of evidence, and the prosecutor could not object.

Before passing judgement on the submission, Chief Magistrate Smith called the arresting officer in charge of case to stand before her, and she gave him a tongue lashing in open court.

She said, quote, "In all my years as a Magistrate, 7 years in Saint Lucia, and 1 year here, I have never encountered a more incompetent police officer… My suspicious have been aroused by your incompetence."

With that, she upheld the submission, and acquitted Sacasa, setting him free.

At the end of the trial, Chief magistrate Smith ordered the police prosecutor to write a full report on the case and forward to the officer in charge of the ADU to note the huge errors in police work.

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