An aircraft belonging to a Bahamian doctor, which was forfeited to the Crown after it was used to transport ganja to Jamaica, is to be returned to its owner.

The Court of Appeal revoked the forfeiture order which was made in the Santa Cruz Resident Magistrate's Court in May this year.

The aircraft, which belonged to Dr. Bertram Sears, was flown from the Bahamas to Jamaica and in September last year ganja was found on the aircraft.

Bradley McKay, a Bahamian, pleaded guilty to several breaches of the Dangerous Drugs Act on January 17 this year.

Dr. Sears, who was represented by attorney-at-law David Batts, applied for the aircraft to be returned to him. He said he had given the aircraft to a legally operating company in the Bahamas for it to be repaired. He said it was at a hangar at the Nassau International Airport when it went missing.

No Evidence

President of the Court of Appeal, Justice Paul Harrison, Justice Algernon Smith and Justice Horace Marsh heard the appeal and held that the prosecution did not adduce any evidence that Dr. Sears was a party to, or had any knowledge of the use to which his aircraft was put when it left the Bahamas.

The court, in allowing the appeal yesterday, ordered Dr. Sears to pay the costs and charges for the detention and security of the aircraft from the time it was detained on September 16, 2005, until the date of its release.