Drug sentence raises eyesbrows

David Thomas, 31, of Canefield who pleaded guilty to the possession and intent to supply 154 grams of cannabis, has been sentenced to pay $35,000 by the end of November next year or spends a year in prison.

Thomas appeared jointly charged with Imran Bertrand before Chief Magistrate Evelina Baptiste on Monday but Bertrand’s charge was withdrawn following a not guilty plea.

Police Prosecutor Inspector Claude Weekes, who presented the facts, said that Thomas had been caught with the substance during a routine traffic check in the Canefield Cliff area on December 16, 2011.

According to Weekes, Police had become suspicious after seeing Thomas with a plastic bag between his legs and two camouflage designed bags on the back seat of his Toyota Rav 4. Upon searching the defendant and vehicle, the drugs were found.

“Seeds I get from Marie Galante. That’s for me to make a living and man have to survive,” Thomas said, according to Weekes.

In a plea of mitigation, his Attorney Dawn Yearwood said that Thomas was a well-known farmer who ended up in an unfortunate situation. She pleaded with the court to temper justice with mercy and be lenient.

This plea however, was met with a sentence that raised eyebrows of nearly all who were present at court. Yearwood, after hearing the fine imposed, brought a similar case to the court’s attention to which a defendant had received a fine of only $6,000.

She urged the magistrate to reduce the fine but that request was declined. Baptiste cited the defendant’s previous offenses as a major aggravating factor and also noted that such an offense had a maximum penalty of $100,000. She also alluded to what she said was the destruction of the community that drugs had brought on in the past few years.

Thomas was also fined $1,000 for the possession charge which is to be paid by the same date.

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44 Comments

  1. Josette
    December 22, 2011

    Police in DA getting more litterate man. That’s the first time an officer wrote something other than ‘the suspect said, weed I have there wi officer’ in his report. lol lol.

  2. Hard headed
    December 20, 2011

    David is from Bagatelle. Recently he was caught up in that same drug business and was charged $65,000.00 to be paid by the end of December this year. Guess this has not been done so is still drugs he has to deal to pay foo all those monies. Im feeing very sorry for him

  3. swagging chick
    December 20, 2011

    dogaman shut ur smellin mouth stpzzzzzzzzzzzzzzz so get someting else to talk abt alu people need dam warrant to search man…dats alu business wi all i kmw alu need warranty
    :-P :!:

    • STUPESSSSSSS
      December 20, 2011

      NO SENSE, SOUNDS LIKE YOU DIDN’T TAKE MUCH SCHOOL.

  4. swagging chick
    December 20, 2011

    shut alu mouth who for dem police to hold they done never hold in deir mer doh let me start eh…………….all dem man dah stealin dey not doin nothin iz f******* drugs they behind stpzzzzzzzzzzz

    • ricky
      May 1, 2015

      is true,not me them police searching like that nah,if i have my gun on me i shooting one.no warrant no search.period.

  5. Think About It
    December 20, 2011

    I would NEVER pay the court $35,000 for 154 grams which is equivalent to .34lb of weed are you kidding me? I rather go to prison for the year with three square meals listen to music lift weights it is a vacation I never had. Migistrate Baptiste has no conscious that was unnecessary he did not hurt no one. If he was a dealer well he’s got some money but just that little amount is not worth it.That’s my story and I’m standing by it who don’t like it too bad stop the madness enough is enough.

  6. Country Man
    December 20, 2011

    America influenced the UN to make Ganja an illegal substance. Today Ganja is a multi-billion dollar industry in America. I think human beings are like sheep – you give them a leader(the US) and they all follow in a line right over the cliff. Ganja is being used at all levels in society and some of these law makers know for a fact that it is not harmful as they claim – but they follow blindly so be it. I bet if a true honest survey is done they will find that there are more productive people in society that use Ganja than the number of paros that most likely got paro from using crack cocaine and other blends/concoctions of so called legal drugs.
    The other issue is too munch of anything is good for nothing. So I think our youth may be abusing Ganja but that should not make it illegal. Actually legalizing Ganja has shown to reduce its abuse in Portugal and the Netherlands. I know people in their late 70s and 80s who smoke half a joint to a joint a day still go about their daily business functioning and contributing to society doing their work. I think the whole society/nation need to sit and rationalize the laws on drugs in Dominica. Let’s use the facts to get a rational solution to this madness we have right now.
    I remember a few yrs back the US and its corporations told us that coconut oil is not good for human consumption – we should use their corn oil and soy oil. Although we had 100s of years of imperical data (our great grand parents, grand parent and parents history of using coconut oil) which showed otherwise we still ended up following the US lead on this issue. It was good for their businesses not ours. Today a bottle of virgin coconut oil in the US is prized for all sorts of health benefits. On the other hand the majority of us are going along with our imported mass produced corn and other vegetable oils. KEEP ON FOLLOWING!

  7. zead
    December 20, 2011

    As usual with how my nation attacks problems… we never give serious thought to the real cause. We have a bunch of lawyers who instead of just sitting around and getting collectively drunk…should really campaign for a re-assessment of our draconian range of foreign laws… and seriously give legal credence to decriminalization of a host of these injustices. I am not advocating for Legalization of Marijuana, but its certainly time to reevaluate some of these things that are indirectly criminalizing our youth. But as usual we sit waiting for massa (US, England) to allow their citizens to smoke a joint before we (the Caribbean) follow with wagging tails to amend these injustices in our laws. So stop pointing fingers at the judges. For once, lets really address the root-cause of this problem. A lack of judicial foresight from the top on down.

  8. Rocks
    December 20, 2011

    Good one…Make an example of all the drug dealers in DA…You have to start somewhere..I don’t feel sorry or bad for him. He should have received the maximum of $100K. All you Dominicans are too hipocrit. All you are the same ones complaining about the crime rate in DA then complaining when the drug dealers get caught? Please!!! The man is importing drugs from Marie Galant also..He should have been charged with that too. I am not perfect but I can’t support anyone that aids in the destruction of the community. $35K pay up or Stockie…lol!!!

  9. Donald Tusk
    December 20, 2011

    Bunch of stupid people on the bench and is Tiyani they have a problem with. Anyone can see this magistrate got her head screwed.
    Murder get bail
    154 grams of weed charged $35,000.00
    410 grams of weed and charged $10,000.00
    Selective justice, what about the ezdoor case?

    • Asterix
      December 20, 2011

      Isn’t this the same Magistrate Baptiste who was at odds with Tyani for his stiff sentences? Life is a cycle

  10. vip
    December 20, 2011

    we need more sentences like that .these guys are sending a bad message to our chldren at school making them believe that they donot have to work hard to achieve what they want .they want it now. its time we destroy these marijuana men or drug dealers.

    • SetOfOnsidedPpl
      December 20, 2011

      well all those that well educated and still dont hav jobs. i hope u will provide for them too..

  11. Truth
    December 20, 2011

    In addition to a fine they need to start implementing community service and mandatory classes on drug consequences to the community, country and self and how they can turn their entrepreneur skills into a more realistic, reliable and honest business other than drugs.

  12. kunta kinte
    December 20, 2011

    just another example of how corrupt the system is. the system dosen’t have a problem with the weed u knw, the system has figured that they will make more money off weed if it is illegal. and u see whats going on. they’re just arresting people just to charge them money, because the judge knows for a FACT that is more weed the man going to plant to pay that back.this government needs to come up with new ideas to make money other than arresting somebody for a joint and that 15% vat

  13. Grasshopper
    December 20, 2011

    Those of you who point to the inconsistency in the magistgrate’s sentence, you fail to consider one important fact. The magistrate said his prior record was an aggravating factor. Therefore if she had another defendant before her who was caught with the same quantity of drugs, had it been his first offence, the penalty would likely have been less severe.

    This prior record is any important factor in the stiff sentence imposed.

    • Sout Man
      December 21, 2011

      The woman from Grand Bay has no prior record. The Magistrate has probably smoked weed in college and she did ok in school. President Obama and President Clinton smoked it too. Doctors, nurses, teachers, magistrates , law enforcement officers and politicians smoke it too. Stop being hypocrites and legalize it !!

  14. vanassa
    December 20, 2011

    ir seem like they trying to tell us it better to deal with drugs than to steal

  15. vanassa
    December 20, 2011

    in Dominica I seen the worse justice system man caught with drugs anderson only get to pay a fined and and other people who do little thing like disrespect someone get 6 month in prison,please tell me what wrong with the system

  16. JAIL DEM
    December 20, 2011

    Well done chief magistrate. We have to send out a very serious message against druhs that is destroying our young people.

    I am satisfied with the way she has handled this and other cases. If the lawyer is not satisfied let her appeal the case. This man has a conviction record. When is it going to end. Its evident that some folks are bent on messing up young minds. Marijuana use is wide spread. Many persons are using it and im happy that Chief Magistrate Evelina Baptiste whose knowledge of the law is well known and respected has done a fantastic job. Maximum under the statute is $100,000 and he got $35,000 plus and some clown is complaining ! Go ahead intrigue and appeal she has an outstanding record on the court of appeal. Its time we recognise the academic brilliance of Miss Baptiste.

    we have to fight down drug use and abuse in our Dominica..so many mad people on the street.People putting all kinds of stuff in marijuane which drives our people instantly loco and some of us are taking the criminals for heroes. I guess when insanity comes home we will begin to understand the PAIN which so many families are going through.

    LET US END DRUG USE IN DOMINICA.

    I AS A PARENT SUPPORT THE JUDGMENT !

    JAIL THEM !

  17. non-smoker
    December 20, 2011

    Man has 154 grams of weed charged $35,000.00 and then Woman has 410 grams of weed and charged $10,000.00 IS this really consistent. That cannot be right. Can this be fe real

    • MAD MAD
      December 20, 2011

      DO YOU UNDERSTAND THE LAW !

      IT DOES NOT WORK OUT THAT WAY.

      LAW IS NOT MATHEMATICS.

      EACH CASE HAS TO BE DEALT WITH BASED ON THE FACTS.

      YOU LOOKING AT VALUE AND THEN YOU COME TO CHARGE WHAT ARE THE OTHER FACTS ?

      LET LAWYERS DO THEIR WORK?
      WERE YOU FOLLWOING THE CASE?

    • Peeping Tom
      December 20, 2011

      “Baptiste cited the defendant’s previous offenses as a major aggravating factor and also noted that such an offense had a maximum penalty of $100,000.”

    • ME
      December 20, 2011

      DIDN’T HE SAY HE HAD SEEDS?

  18. $$$
    December 20, 2011

    That’s a little slap on the wrist of this man… he has a whole year to sell more marijuana to pay for it.

  19. Marcel
    December 20, 2011

    Good. This Magistrate seem to want to do her job. But justice must not only be done it must be seen to be done.

    Our legal system is based on the “Rule of Law” which means that everyone is equal in the eyes of the law.

    So I want to know what this same Magistrate has done after her arrest warrant for Easydoor was not executed. Is she concerned that the 43 counts of criminal charges were never read out to Easydoor?

    Is Easydoor more equal before the law than Thomas.

    All criminal acts must be given the same treatment regardless of who commits them. This does not seem to be the case with this Magistrate.

  20. moi
    December 20, 2011

    Well they did not jail him so is still marijuana they gonna use to pay dat money..#fact

  21. ME
    December 20, 2011

    GREAT JOB, MAKE THEM PAY

  22. hmmmm
    December 20, 2011

    My boy go and burn ur year tan..u should even tell the magistrate to just allow u to go and buy a tooth brush and u comin back to go stockie..doh pay dat money cuz in a twinkle you out of jail

  23. T. Winston
    December 20, 2011

    Where was the warrant? Say what you want but stop and search without probable cause isn’t right and that “routine” traffic stop was time consuming. Almost everyone was late for work that day once they were coming to town from the north

    • UNKNOWN
      December 20, 2011

      THEY CAN .. READ BEFORE YOU TALK .. THATS WHY IT IS CALLED TRAFFIC STOP .. YOU NEVER WATCH VIDEOS OF COPS ON TV .. IF THEY STOP YOU AND SUSPECT YOU CARRYIN THEY CAN SEARCH YOUR RIDE ..THEY EVEN BRINGIN IN DOGS .. ITS THE LAW .. READ FIRST

    • dogaman
      December 20, 2011

      WINSTON T

      Are you an alien ?

      What are you talking about ?

      which search warrant ?

      did u take your tablests ?

      I wander if u know what you are talking about.

      Dominica have papa !

      DNO where allu does get dem nuh.

      Send dem stock farm

      too much use of marijauna in DA

      well done magistrate

      woman power

  24. dominican
    December 20, 2011

    Dno its David Thomas of Bagatelle not Canefield do some more research on that i may just be right .

    • AHA
      December 20, 2011

      WHAT IS YOUR POINT ?

      YOU ARE D GOD FADA

      STUPES

      GREAT DECSION MADAME

      ENOUGH IS ENOUGH

  25. December 20, 2011

    I FULLY AGREE THAT THE USE OF DRUGS IS DANGEROUS FOR A MAN’S HEALTH ; I KNOW THAT SOME PEOPLE CAN BE WEAK ENOUGH TO BE INFLUENCED BY OTHERS TO USE DRUGS, SOME OF US SELL DRUGS BUT NEVER USE DRUGS. IF I ASK WHERE IS THIS MAN GETTING SUCH A HUGE SOME TO PAY ,SOME OF US WILL SAY ;HE SHOULD HAVE KNOWN THE BETTER IT’S HIS FAULT, BUT ASKING HIM SUCH A SUM OF MONEY WHEN MURDERERS WALK FREE TO CONTINUE TO KILL ,WHERE AS WE ALL HAVE A CHOICE TO KNOW WHAT IS GOOD OR WHAT IS BAD .
    WHY ARE THE MAGISTRATES ALLOWING MURDERERS TO WALK OUT FREELY ?ARE THEY WAITING FOR A FIRST TIME MURDERER TO KILL A SECOND TIME IN ORDER TO LOCK THEM FOR LIFE BEHIND BARS? EVERY SOLICITOR AND MAGISTRATE WILL KNOW THE CORRECT DECISION TO TAKE THE DAY THEIR OWN FAMILY WILL BE MURDERED.
    CANNABIS IS A PLANT MADE BY GOD IT WILL ALWAYS PROSPER ,THE GOV’T IS AGAINST THE MERCHANDISING OF THIS PLANT BECAUSE THEY KNOW THAT EVERY HUMAN BEING WHO WANTS TO PLANT IT MIGHT GET A SEED AND THEY WILL GET NO TAX MONEY FROM IT….THAT IS THE MAIN REASON FOR PUNISHING PEOPLE WHO SELLS CANNABIS…
    RESPECT THE LAW AS MOST AS POSSIBLE ,WHO FEELS IT KNOWS IT,IF GOV’T CAN’T PROVIDE FOR YOU DO IT YOURSELVES …. DO NOT PAY SUCH A SUM OF MONEY TO GOV’T AS LONG AS MURDERS ARE STILL ON THE STREETS AFTER THEY HAVE BEEN THROUGH THE COURT PROCESS…1 YEAR IN PRISON IS NOT A LIFE TIME.

    • MAD MAD
      December 20, 2011

      JUST take atrip up newtown and you will see all the mad people it have up there.
      Weed is mashing up that community. Its an eye saw when you take a drive or even vry scary to walk up newtown. ITs the mental/paro capital of dominica. At least two young men get mad in this area per year and about 3-4 get killed on sea every other year. This trend is disturbing. I always feel bery happy when hevay sentences are handed down by our courts. A serious message has to be sent to drug dealers and users.

      I believe that we need to shake up the ghetto and begin to arrest more people and lose their keys. Some play as if theyre fishermen but thats a disguise …theyre really fishers of men; messing up the lives and future of the nation.

      POLICE CLEAN UP NEWTOWN FOR US PLEASE ! BECAUSE IF NOT WHEN NEWTOWN PEOPLE RISE UP AGAINST THOSE DRUG DEALERS IT WILL BE …….

      • RASTER
        December 21, 2011

        fool do u know where chief magistrate Baptiste from u dont know what u talking about

    • SARAH PALIN
      December 20, 2011

      I have to support the chief magistrate Baptiste for yet again sending a strong message to the natiion as she continues to have a no nonsense approach on the bench. No one can doubt her brilliance and she is well respected regionally by her legal colleagues.

      Its people like that who should be role models for our young women. I think dno you must do a feature on her and she would be a great candidate to be your WOMAN OF THE YEAR or PERSONALITY OF THE YEAR.

      Let us fight crime for crime is killing our youths.

      Too many young men and women are using marijuana and that needs to stop.

      I support mrs baptiste 100% plus.

  26. Intrigue
    December 20, 2011

    That Evalina Baptiste has no clue what she is doing. She is so inconsistent. man shoots man, he gets bail and walks, man gets caught after police chase with 3.5 kilos of coke she charges him 10,000 and releases him. Man gets caught with HEMP she decides that’s what is DESTROYING society, not crack, not coke, cigarettes & rum, but weed and charges him 35,000. Who can take this woman serious, I would appeal and pull all her like cases as a reason for her not to sit on my case or any such case.

    • dogaman
      December 20, 2011

      i feel sorry for you INTRIGUE

      I WANDER OF U HAVE CHILDREN

      it seems you want dem to get paro on weed some day

      make sense for once

      marijuana is killing our youths.

      • Intrigue
        December 20, 2011

        Feel sorry for yourself DOGAMAn. Don’t worry about what I may or may not have, it’s of no consequence to you. Every time someone states an opposing PERSONAL VIEW some of you on the attack. CRACK< COCIANE RUM CIGARETTES destroying the youth. If you lack basic comprehension feel sorry for yourself. Nowhere did I say legalize weed. I spoke to her INCONSISTENCIES in these cases which is well recorded in the courts of Dominica. She hands judgements on emotions and moods and that is well known. Half the time the woman eyes close when people giving testimony. Take a sit

      • dirty dog
        December 20, 2011

        marijuana dont destroy people or society,cocaine and rum .you not aware of your surroundings you have no clue of what going on

    • Peeping Tom
      December 20, 2011

      Yes, sometimes it appears that the magistrate in question is not consistent. However, the article did explain:”[Magistrate]Baptiste cited the defendant’s previous offenses as a major aggravating factor and also noted that such an offense had a maximum penalty of $100,000.”

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