The Customs Anti-Narcotics Unit’s (CANU) case against Shawn Lindie and his nephew, Shawn Lindie Jr., was dismissed on Friday by Magistrate Rushelle Liverpool, who found reasonable doubt in the prosecution’s evidence related to the 2022 Berbice River marijuana bust.
This decision, delivered at the Kwakwani Magistrate’s Court, concludes a three-year legal battle for the Lindies, who were charged with trafficking over 1,580 pounds of marijuana allegedly found at a home in De Veldt, Berbice River, on March 26, 2022.
During the trial, evidence revealed that a joint maritime operation involving CANU officers and Coast Guard soldiers raided the house just after midnight on March 25, 2022. Officers used automatic weapons and special equipment to enter the residence, which was occupied by the Lindies, Durante Massiah, and another unidentified man who escaped.
Inside, CANU agents claimed to have found large rice bags filled with compressed cannabis and noted that the smell of marijuana was detectable from outside. The suspects were arrested and taken to CANU Headquarters in Georgetown.
Massiah later pleaded guilty, claiming he had been growing the marijuana to fund a home. He stated that the Lindies were only temporarily staying with him after attending a nearby event. Massiah was sentenced to 50 months in prison and fined $215 million.
The Lindies pleaded not guilty and were granted bail of $4 million each. Their attorney, Siand Dhurjon, successfully argued for bail despite CANU’s objections, which asserted that the marijuana was intended for transshipment.
Throughout the hearings, the defense challenged the reliability of the alleged confessions from the Lindies, arguing they were uncorroborated. Dhurjon also contested the prosecution’s reliance on the smell of cannabis as evidence, questioning the ability of the Lindies, as Rastafarians, to identify the scent and suggesting that similar odors could be misinterpreted.
A pivotal moment in the trial occurred when Massiah testified as a defense witness, alleging that officers had removed a larger stash of marijuana during the raid and that discrepancies existed in the official accounts of the recovered amount.
In her ruling, Magistrate Liverpool stated there was sufficient reasonable doubt to favor the defense. She emphasized that suspicion and probability cannot replace proof beyond a reasonable doubt, noting the inconsistencies in Massiah’s testimony regarding the actual quantity of marijuana processed.
“Convictions are not about what was suspicious or probable. Convictions are about proof beyond a reasonable doubt,” she stated. “I find that the defense was successful in creating a reasonable doubt.”
Following the decision, the Lindies expressed gratitude to Magistrate Liverpool for her fair judgment and thanked their attorney for his dedication throughout the proceedings.
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