Bail refused as man deemed 'likely to fail to surrender'

Wednesday 03 October 2018

A man who has been charged with supplying cannabis resin has been remanded in custody after the judge deemed him likely to abscond due to the seriousness of the charges.

Nikodem Mozgala, 21, who had his address listed as the staff accommodation at Les Douvres Hotel, was found in possession of six separate packages of cannabis resin after he was arrested for disorderly conduct earlier this year.

Mozgala appeared in Guernsey's Magistrate court yesterday where the prosecution outlined the charges he was facing and details of the offence.

The court heard how on Sunday 5 August, 2018 the police had been called to attend the Bouet where a man was reported to be behaving in a disorderly manner. On arrival they found the defendant, who was described as being "foul and abusive" towards the officers.

Mozgala was arrested but it's claimed his abusive behaviour continued in custody.

He was taken into a cell to be searched, which is when officers said they found six individual clear zip plastic bags which each contained an amount of cannabis resin. The total quantity found was 18.5 grams, which had a street value of between £370 and £555.

The prosecution stated that due to the serious nature of the crime he may be likely to abscond and recommended refusing bail. They stated that he had no close community ties and although he was employed this was not stable employment as he had been in three different jobs this year. In Guernsey he had received three cautions for being drunk and disorderly and the Crown would say that the details in some of the text messages put forward as evidence were clearly in respect of dealing drugs.

In refusing bail Judge Graeme McKerrell said that he recognised the defendant had been in Guernsey for two years but the charge he was facing was serious and the sentencing bracket exceeded the powers of the Magistrate court as he would be limited to 12 months in prison for trafficking and guidelines would suggest a starting point of three to six years in prison.

He said: "Whilst 18.5 grams is at the lower end of the supply bracket, but despite that on my understanding of the sentencing regime it takes it outside the sentencing powers of this court."

"On the basis of what the prosecution say there is an exceptionally strong case, aside from the phone evidence, six separate bags about his person late at night does suggest drug dealing."

Judge McKerrell said he refused bail due to the seriousness of the crime and because the sentence he was facing included a strong "likelihood of failing to surrender" and he further commented that drug dealers rarely just stopped meaning there was a strong likelihood he would commit further offences.

The judge remanded Mozgala in custody pending the defendant gaining legal advice and upon such time the case is likely to be committed to the Royal Court for sentencing.

Pictured: Guernsey's court building.