Four Colombians who were convicted of unlawful possession of US$802,200 (J$56,942,000) are to get back the total of US$27,000 (J$1,917,000) which they had on their person.

The Court of Appeal made the order on Friday when it gave its reasons for dismissing their appeal on October 12 last year.

They are Freddie Leonel Galue Molina, 39-year-old car dealer; Monica Isabel Peno, 36, trade adviser; 26-year-old Jean Molina Montalva and 19-year-old Gloria Obregon.

The evidence given at the trial was that on May 15, 2006, the appellants were at the Norman Manley International Airport and were about to board a flight to Colombia.

Woman Special Corporal Dionne Crossdale, who was attached to the Narcotics police, noticed certain irregularities. The suitcases were searched and the money was found concealed in false compartments in the suitcases.

Molina admitted to the police that the money in the suitcases belonged to him and that the other appellants knew nothing about it.

He said the money was given to him by a man while he was in Negril, Westmoreland.

Extortionists

However, at his trial he said he sold his farm in Colombia because of threats on his life by extortionists. He said he packed the money in the suitcases and came to Jamaica with his wife Monica and the other two appellants.

They were convicted of the charge and each fined $2,000 or six months imprisonment.

Lawyers representing the appellants filed several grounds of appeal. They also challenged the Unlawful Possession of Property Act on the ground that it was unconstitutional as it shifted the burden of proof to the accused.

In dismissing the appeal, the court comprising Justice Seymour Panton, Justice Howard Cooke and Justice Mahavdev Dukharan (acting) said the view was incorrect because at no time had the onus of proof been placed on an accused.