The circumstances that led to a St Thomas man being held in custody for more than two months on possession of ganja before being taken to court was deemed unconstitutional and a breach of his liberties.
The case was that of 32-year-old Gregory Lumsden from Lyssons, who was admonished and discharged in the Morant Bay Resident Magistrate's Court.
Lumsden was taken before the court earlier this week, following his arrest in June, after he was taken into custody for a partially smoked spliff that was found in his home.
When the matter was called up, Resident Magistrate Cresenci Brown was not amused and discharged Lumsden on the grounds that his constitutional rights had been violated due to the length of time he was in custody before being taken to court and other circumstances.
Entitled to his liberty
She noted that the accused was entitled to his liberty and that the matter should have been addressed earlier.
The RM then enquired of the arresting constable why the case was only appearing since Lumsden arrest and he could provide no reason. RM Brown reprimanded the constable for his tardiness before dismissing the case.
Lumsden told The Star that on the day of his arrest, five police officers entered his home and demanded a search. He said they found a partially burnt ganja spliff in his bedroom and took him away and later charged him for possession of the weed at the Morant Bay Police Station.
He added that during his jail time he was also transferred to the Bath Police Station where he remained until he was taken to court. While in custody, Lumsden told The Star that he was refused from contacting family members.
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