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Kelvin Mercer was on Wednesday, October 17 sentenced to a total fine of $4500, with an alternative of spending six months in prison on two drug related charges.
He was before Magistrate Shawn Innocent on charges of possession of cannabis and possession with the intent to supply.
He accepted that the drugs were his, but denied that he intended to supply.
In giving his decision, Magistrate Innocent told Mercer that the Court did not believe his testimony that he uses the drug to treat his diabetes, as the defendant did not provide medical evidence or a prescription.
He also stated that Mercer was not a credible defense witness based on his statements and testimony.
When asked if he had anything to say, Mercer stated, “I ask for leniency, I ain’t got nothing to say.”
On the charge of possession of 105 grams of cannabis, he was fined $1500 with an alternative of two months in prison, while on the charge of possession with the intent to supply, he was fined $3000 with an alternative of six months.
The alternative custodial penalties are concurrent, and Mercer has three months to pay the fines.
Back in May, Mercer’s home was searched and the cannabis found. He had admitted to the drugs belonging to him for “personal use.”
During the trial, Mercer told the Magistrate that he uses three dime bags of cannabis a day to treat diabetes as he read of the remedy online.
Previous Article Published October 17 - Mercer Tells Court His Weed Was Tampered With
As Kelvin Mercer’s trial for possession of cannabis with the intent to supply got underway at the Magistrate’s Court on Tuesday, October 16, he accused the Police Officers of tampering with the narcotics.
He further told the Court that he uses the drugs for health purposes, as he read online that it is useful to treat diabetes.
Mercer, of Vanterpool Estate, admitted to the Court that the 105 grams of cannabis was his; however, he denied the charge which alleged that he was in possession of the drugs with intent to supply.
As the trial got underway, Officer Darren Malone testified that on May 10, this year, acting in relation to a burglary allegation, he conducted a search of the man’s home when the marijuana was found, along with a quantity of small dime bags.
Malone said that after being questioned about the drugs and the bags, the defendant told him that he would “pack it into bags and take with him when he is going up the road.”
The defendant, while giving his sworn testimony, told the Court, “I am here to tell the truth here today.”
He admitted to possession of the controlled substance, saying, “I smoke for me, because I have diabetes.”
He said the drugs, despite the large quantity, was for his personal use. He further added that the bags that were found were not to package the drug for distribution.
Instead, he admitted to being a “chronic drug user”, telling the court that he takes three bags with him daily as he goes about his business. “This takes me throughout the day,” he stated.
Mercer said he read about the medicinal qualities of the drugs online.
However, while he admitted to the drugs being his, when shown the substance as evidence in Court, he told Magistrate Shawn Innocent that it had been tampered with. He said that the packaging was replaced and the cannabis separated; but, Officer Malone denied this.
“I know how it was packaged cause I packaged it,” he insisted.
He told the Court that the substance was originally in one lump which was contained in a brown bag. When presented to the Court, the cannabis was in three portions, contained in two layers of Ziploc bags.
Concerns were also raised by the Magistrate as to the accuracy of the weight of the substance. Magistrate Innocent questioned the manner in which the cannabis was weighed.
The officer admitted that he weighed all of the contents of the package together, including the bags, which would inaccurately represent the quantity of the drugs.
Mercer will return to Court on October 17 for a decision on his case.