In dramatic twist, magistrate vacates fisherman’s guilty plea, orders cocaine trial

In an extraordinary judicial development at the Layou Magistrate Court, Sebastian Audain of Lowmans Bay avoided potential incarceration or financial penalties on his 36th birthday Thursday after his cocaine case took an unexpected turn. District Magistrate John Ballah formally entered a “not guilty” plea for Audain regarding trafficking and possession charges involving 22.9 pounds of cocaine, effectively nullifying the defendant’s previous guilty plea entered Wednesday in Family Court.

The courtroom drama unfolded as defense attorneys revealed significant procedural irregularities during the investigation phase. Attorney Grant Connell, representing co-accused Alvin Cyrus of Largo Height, raised concerns about improper police procedures, noting that both defendants were interviewed without legal counsel present despite prior legal representation.

Connell detailed how police conducted secondary interviews with defendants absent their lawyers, obtaining admissions through questionable methods. “I can’t sit here knowing the factual matrix of what the police did to the two accused and just have the prosecution go through sentencing guidelines,” Connell asserted, calling such proceedings “a travesty of justice.”

Prosecutor Shamrock Pierre countered that Audain had voluntarily elected to proceed with interviews without legal representation after being properly informed of his rights. The prosecutor expressed surprise that Connell hadn’t raised these concerns with lead defense attorney Jomo Thomas beforehand.

Thomas, who had replaced Charmaine Walters as Audain’s counsel, initially maintained his client’s guilty plea but later withdrew his statement regarding unity on facts after consulting with Audain. Thomas revealed that his client had actually assisted police in locating the drugs and suggested external pressures influenced the disclosure.

Magistrate Ballah, acknowledging issues of voluntariness and potential evidence admissibility concerns, determined that vacating the plea represented the safest judicial approach. Audain was granted bail set at EC$25,000 with one surety, required to surrender travel documents, and report to police twice weekly until case resolution. The court additionally implemented stop notices at all entry and exit ports.