Concern over cocaine certificates
About the article
This is a digitised version of an article from The Cayman Compass's print archive. Occasionally, the digitisation process introduces transcription errors, or other problems.
See the article in its original context from March 2001.
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That is one of three responses to a recent judgment by the Court of Appeal. Mr. Ballantyne was asked for comment after two men appeared in Grand Court yesterday to appeal convictions related to possession of cocaine with intent to supply.
Attorneys raised the question of whether the certificates of analysis for each substance would identify it as something that is illegal under the Misuse of Drugs Law. They referred to a recent judgment of the Court of Appeal. In it, the high court judges dealt with a case in which the analyst's certificate said that the substance was "cocaine hydrochloride". But the certificate did not indicate whether or not the substance was a controlled drug.
The law specifically refers to, among other things, "cocaine" or "any salt" of cocaine. The certificate did not mention whether or not cocaine hydrochloride is a salt of cocaine and the judges found there was no proof that the substance was illegal (Caymanian Compass, 20 March).
In court yesterday morning, both appellants had their matters adjourned. Senior Crown Counsel Adam Roberts told the court that the Attorney General was considering whether to take the matter to the Privy Council.
Mr. Ballantyne told the Compass that, "Those advising me are of the view that they are not in agreement with the Court of Appeal regarding the way in which [the judges] decided. But whether it is appropriate or indeed necessary to take the matter to the Privy
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Council is still for consideration."
Meanwhile, he revealed, steps are being taken "to ensure that the issue - regardless of how it is decided - can't arise in the future."
It will not be necessary to amend the law, he pointed out. As a matter of practice, the wording on the certificate of analysis is being altered to avoid any problem in the future.
Whatever problems do remain will pertain to cases in the past.
"I have asked for details of cases which may be affected so that we can make a proper assessment of what action would be in the public interest," the Attorney General said.
According to informal observations in court, five cases have been discussed as perhaps being affected by the wording of each convicted person's certificate. Apart from these, two men to date have had their convictions quashed on this point.
