The High Court has upheld the guilty verdict of a man involved in drug trafficking who, in the presence of the authorities, attempted to conceal a bag of drugs in various locations during his arrest, eventually hiding it in another person’s shoe.
The High Court dismissed the appeal against his conviction for a drug offence with the aggravating circumstance of repeated offences, sentencing him to two years and nine months in prison and deportation from the country for seven years once he has served two thirds of his sentence, reached the third grade, or been granted conditional release.
The man had previously been sentenced in early 2021 for the same crime to a two-year prison term, which was suspended for three years.
The incident took place approximately ten months after the initial conviction when the accused was caught giving another individual a bag containing 0.3 grams of cocaine, 46% pure, in exchange for 40 Euros, while also carrying another ten grams.
According to the Local Police, they were monitoring street trading in the Las Verónicas shopping centre in southern Tenerife when one of the officers observed the accused engaging in suspicious activity. Upon being noticed, he attempted to flee, triggering a pursuit during which he tried to dispose of the substance in various ways.
The defendant argued before the High Court that there was no direct evidence linking him to drug trafficking as the recipient of the drugs could have been the trafficker, noting that this individual, who was a tourist and could not be located, never testified at the trial.
The verdict was primarily based on the testimony of the local police officers, which the appellant considered not to be “specific or detailed” and influenced by what the alleged purchaser stated.
The High Court stated that the issues raised had already been addressed by the Criminal Division of the High Court of Justice of the Canary Islands, which upheld the original decision of the Tenerife Provincial Court, and any further review falls outside its jurisdiction.
Both judicial bodies concluded that the initial verdict was supported by valid and appropriate evidence, primarily the testimonies of the Local Police and the seizure of the drug for later analysis.
