A drug convict who was sentenced to four years in prison had his sentenced reduced yesterday.
Thirty-six-year-old Omar Chisholm was convicted back in 2009 for possession of nearly $1 million in drugs and sentenced to four years in prison.
His co-defendant, Valentino Johnson, however, received two years in prison at the time.
Prosecutor Neil Braithwaite told a Court of Appeal (COA) panel yesterday that Chisholm played a much bigger role in the enterprise, which is why he received a higher sentence.
Justice Stanley John noted, however, that once both men were involved, they should receive the same sentence.
Earlier, Chisholm’s attorney, Murrio Ducille argued that the magistrate erred in law when she failed to direct herself “with reference to identification.”
He also told the COA panel, comprised of President Anita Allen and Justices Abdulleh Conteh and Stanley John, that the evidence was not analysed and that the magistrate never said how she came to her conclusions.
“There are dangers with the evidence,” Mr. Ducille said.
“The magistrate has not taken account of these dangers. The witnesses were duplicitous and that makes one question their reliability.”
After hearing the arguments, the panel decided to uphold Chisholm’s conviction, but it reduced his sentence to two years, beginning from the date of his original sentence.
The Bahama Journal understands that the drug convict has already served seven months in jail.
Back in 2009, Chisholm was convicted on four drug charges and one charge of stealing.
He, along with two other defendants who have already been convicted, was found guilty of conspiring to possess and import more than 900 pounds of marijuana.
They were also found guilty of importing and being in possession of the large quantity of drugs from Jamaica and stealing a $100,000 boat, though the latter charge was thrown out.
The offences occurred on April 11, 2009 in waters off Barre Terre, Exuma.