Appeal still pending against magistrate's ruling to dismiss 'reptiles found with cocaine' case
-wildlife exporter successfully demands consideration of his licence
Business September 17, 2004
Stabroek News
September 17, 2004
There is as yet no indication when the appeal against the ruling of Magistrate Melissa Robertson in a case surrounding the alleged export of cocaine in crates filled with reptiles, will come up for hearing.
The accused, Anil Jawaheer aka Parrotman and Rajendra Ramroop, appeared in court in April 2002 but Robertson later dismissed the charges of trafficking in cocaine because the prosecution had not complied with the order of the court to serve a statement on the defence. The prosecution has challenged this ruling.
The offence involved 50 kilogrammes/110 pounds of cocaine discovered in the cages by US Customs officers on Wednesday, November 28, 2001 when they arrived at Miami International Airport.
With the dismissal of the case Jawaheer moved to the courts to have his export licence renewed which resulted in the Wildlife Unit being ordered by the Court of Appeal to consider granting him the export licence. The Wildlife Unit has since complied with the Court order but not before Jawaheer's counsel Bernard De Santos SC, threatened contempt proceedings against officers of the Unit.
Jawaheer and his co-accused were charged following investigations by the Customs Anti-Narcotic Unit prompted by its receipt of documents pertaining to the seizure of the cocaine by the US authorities.
Their investigations also revealed that Ramroop and another man had travelled to Miami on November 27 and 28 and that Ramroop showed up at the airport to clear the shipments consigned to Exotic Wildlife c/o M&H Brokers, Miami International Airport.
Jawaheer was the consignor named on the shipping documents.
Jawaheer has always contended, according to his lawyer, Bernard De Santos SC, in his correspondence with the Wildlife Division, that his CITES (Convention on International Trade in Endangered Species) permit was "delivered unauthorisedly by Mr (Schebiraj) Ramdass to a person known to him and the Agency." Ramdass is now a farmer but at the time he was the Administrative/ Finance Officer of the Wildlife Division.
According to statements given to the Customs Anti-Narcotic Unit (CANU), Ramdass said Jawaheer had called him at the Wildlife Division and told him that either Rajendra Persaud Ramroop or Carmen Lowe would collect his documents. Lowe is a wildlife exporter and the owner of Tropicana Zoo located at 66 Duncan Street.
Ramroop supported Ramdass' story and told CANU that he collected the documents on behalf of Ramroop and paid $11,000 as the levy for the shipment, which Jawaheer subsequently repaid him at Carmen Lowe's residence when he handed over the CITES permit.
In the wake of the dismissal of the charges against him, Jawaheer applied for a renewal of his licence and moved to the High Court seeking orders to compel the Wildlife Division to issue a licence.
But Justice Dawn Gregory-Barnes denied that application and Jawaheer appealed her ruling. In February, after hearing arguments by De Santos and Attorney General Doodnauth Singh SC, a consent order was entered directing the division within one month of its order to hold a hearing to consider and determine Jawaheer's application.
That hearing has been held but only after De Santos warned of contempt proceedings against the division.
In his letter, De Santos cautioned, "You will learn that you are subject to the Rule of Law and will not escape the rigours and sanctions of the law if you persist in this type of lawlessness."