By BARBARA GAYLE, Staff Reporter
POPULAR ENTERTAINER MARK 'Buju Banton' Myrie is pursuing his legal battle in the Court of Appeal to have his convictions for possession of ganja and cultivating ganja overturned.
He was convicted in the Corporate Area Criminal Court on March 26. Resident Magistrate Kissock Laing fined Myrie $3,000 for possession of ganja and $6, 000 for cultivating ganja or 30 days imprisonment.
Attorney-at-law Christopher Dunkley, who represented Myrie at the trial had asked RM Laing not to record the convictions because they could affect Myrie's travel arrangements. He said then that Myrie had certain contracts to fulfill abroad.
Dunkley even cited an instance where another popular reggae entertainer, Jepther 'Luciano' McClymoth was fined for ganja but no conviction was recorded.
However, RM Laing said while he knew Myrie to make significant contributions to the reggae industry, until the decriminalisation of ganja, the court's hands were tied. He added that the court had to take into consideration the amount of drugs involved.
Banton was found guilty of cultivating three fully-grown ganja plants in the rear of his Gargamel Recording Studio at Carlisle Avenue, St. Andrew, which police reported weighed one kilogram. Policemen testified that at about 7.30 p.m. on December 3, 2003, they went to the premises and saw the ganja plants growing in a garden at the back of the premises . They said Myrie told them he owned the premises.
Myrie, in his defence, denied knowledge of the ganja and being physically involved in the development of the garden.
The appeal was set for hearing this week but on Wednesday, attorney-at-law Eric Frater, asked for the case to be taken out of the list because attorney-at-law Linton Gordon, now representing Myrie, was unavailable.
The Court of Appeal granted the application and another date is to be set for the hearing.
Myrie has filed several grounds of appeal, one of which is that the RM erred in law and in fact in convicting him.