A twist in the Buju Banton case: out on bail while awaiting his new trial next month, Gargamel could have to answer new charges.
In September, at the first trial where the jury failed to reach a verdict, there were two charges: Buju Banton was accused of conspiracy to acquire cocaine with intent to distribute it, and of possessing a firearm in connection with that drug trafficking. But prosecutor James Preston obtained a superseding indictment at the end of last year, with three counts relating to cocaine, and one concerning the firearm found in the car of one of the two alleged accomplices, James Mack.
Buju's lawyers, led by David Oscar Markus, have announced that they will contest this new indictment, arguing that it is not possible to add new charges on old evidence, and that there cannot be several charges for the same crime, under the Fifth Amendment to the United States Constitution, which stipulates that "nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb".
If this new indictment is upheld, Buju Banton will be tried for conspiracy to buy cocaine with intent to distribute it, possession of cocaine with intent to distribute it, possession of a firearm in furtherance of a drug trafficking crime, and use of a communication facility to facilitate a criminal activity.
Gargamel would then face a sentence of up to twenty years in prison. The date of the future trial should be announced within the next few hours.
EDIT on 07/01/2011: The meeting with Judge Moody to set the trial date has been postponed without further details. The date should be known "soon".
Source: Jamaica Observer