Barbara Gayle, Staff Reporter
A ST. ELIZABETH businessman has won his appeal against his conviction and nine-month prison sentence for unlawful possession of US$64,000 (J$4 million).
The money which was forfeited after 44-year-old Courtney Marks of Lititz District, St. Elizabeth was convicted in October 2004 will be returned to him.
Marks, who is also a fisherman and owner of Polar Fisheries Ltd., won the appeal on Tuesday.
Up to that day he was on bail.
Mr. Marks was about to board a flight at the Norman Manley International Airport on February 4, 2004 when he was arrested. The police searched his luggage and pockets and found US$64,000 (J$4 million). The arresting officer said she became suspicious of the way he was looking and searched his luggage in his presence.
Marks said in his defence, that he earned the money from commercial trading of sea foods, leased boats and trucks and consulting work in fishing in Colombia.
Defence lawyer Delano Harrison argued that Resident Magistrate Judith Pusey erred when she held that Marks' account of how he came in possession of the money was unsatisfactory.
