Mercer found guilty of being drug supplier, fined $4.5K
Mercer outside of court earlier this week.
Kelvin Mercer, the government employee who claimed he smokes marijuana to treat his diabetes, was slapped with a $4,500 fine on Wednesday after Magistrate Shawn Innocent found him guilty of possession of a controlled drug with intent to supply to another.
He had previously admitted to having the drugs but went to trial after denying that he was a drug dealer.
In handing down the sentence, Magistrate Innocent said the audiovisual police interview with Mercer showed that the cannabis was not tampered with as the offender had previously claimed.
He said the drugs were found in the same four bags and not in one bag.
Innocent also noted that the ‘relatively’ large number of dime bags found in Mercer’s apartment indicated that he was, in fact, guilty of being a drug supplier.
Furthermore, the court noted that, despite Mercer’s claim that he used the drug for medicinal purposes, no medical evidence was presented to the court to corroborate that claim.
The magistrate also dismissed Mercer’s assertion that he smoked between two-to-three dime bags of cannabis daily, saying that if that was so, he would not be able to function.
The court, in the meantime, noted that Mercer had no previous convictions for similar offences and there were no significant aggravating factors in his case. As such, the fine to be paid is said to be a ‘discount’ for his early guilty plea on the possession of a controlled drug charge.
Breakdown of fines
Mercer was fined $1,500 for possession of the drugs and has three months to pay. He will spend two months at Her Majesty’s Prison if he does not pay that sum.
For the offence of possession of a controlled drug with intent to supply to another, he was fined $3,000. That fine is also to be paid in three months or in default, he will be imprisoned for three months.
If he fails to pay the fines and is committed to prison, his sentences will run concurrently (at the same time).
Police had discovered the 105 grams of the marijuana along with a considerable amount of dime bags during a raid of Mercer’s apartment on May 15 last year.
He was subsequently charged.
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Nice
Hopefully this lame duck HOA run by the NDP can do something useful before they expire and decriminalize marijuana in the BVI. Then the courts can stop wasting their valuable time on these insignificant cannabis cases.
Canada just did it..All of the US almost in it.. Amsterdam etc. and they’re benefiting from from all the taxes the cannabis dispensaries growers paying. less crime. people don’t have to go sneaking around in dark alleys just to get some herb. get it from a legal retailer go home kick back, and have a relaxing smoke after a hard days work.
BIG F–L . YOU TAKE THAT. GO FIND WORK. STOP SELLING ILLEGAL SUBSTANCE.
that’s a light punishment
2 to 3 dime bags a day n cant function??? cant be weed dem talking about here. wow yall so foolish
more like WHY they so foolish lol
Trust me when I say some of these folks around here NEEDS 3 or 4 joints just to function!So MAGRISTRSTE INNOCENT,no disrespect but that statement is a joke!
I know man that doing more than that and still drinking at the same d@mn time. Its a shame that in 2018 we still have people with this ancient mentality thinking that marijuana turn people crazy.
Only $4,500? I bet if he wasn’t bahn here the fine would’ve been much more.
pay $1500 or bvi people pay $$4500 to house him prison????