The manager of the Club Deseos in Arrecife, who was on trial this Tuesday for drug trafficking, has claimed that the 3.98 grams of cocaine that the National Police found in the premises, in an operation carried out in April 2016, were for her own consumption. In this way, Luz Marina C.G. has denied that the substance was intended for sale and her lawyer has requested her acquittal, also considering that there is no evidence that the accused sold drugs in the club.
However, although the five police officers who testified at the trial have indicated that they did not see any transaction, it has been revealed during the oral hearing that the accused admitted in a statement at the police station, after being arrested, that she sold cocaine in the premises. "She broke down and told us that the drugs were given to her by a black man and that she made 10 euros for each gram she sold," said an agent.
However, the defendant's defense has challenged that statement, alleging that "a lawyer was not present" when it was made. "You cannot interrogate without the assistance of a lawyer," her lawyer pointed out, pointing to the existence of "irregularities" and possible "pressure" for her client to admit that the drug was intended for sale.
Prosecutor's Office maintains the request for a sentence of eight years in prison
The police officers who testified at the oral hearing denied that this was the case and assured that "her rights were read to her", including the right to have a lawyer present. Thus, the Prosecutor's Office considers that "value must be given" to this statement, in addition to other indications that, in its opinion, prove that the accused was trafficking drugs, such as the fact that the cocaine was found in single doses, in eight sachets, or the fact that 115 euros were also seized from her, money that it considers came from the sale of drugs.
Specifically, according to the testimony of the agents who carried out the operation, the cocaine was found inside the accused's bag, under the bar of the premises, where she also worked as a waitress. "There was a room where the girls had their bags, but this one was under the bar," said a police officer, pointing out that from there she could distribute the drug "without being seen", given that "the bar was high." The police also pointed out that the operation was carried out after several neighbors and a client warned that narcotics were being sold on the premises.
The prosecutor has therefore decided, although the quantity is not decisive since up to 7.5 grams is considered own consumption, to maintain the accusation for a public health crime against Luz Marina C.G., requesting a sentence of eight years in prison and a fine of 266.80 euros.