34-year-old human smuggler Tambu Frett of Little Dix Hill, Tortola, will spend the next two years at Her Majesty's Prison at Balsam Ghut after he was today, May 22, 2020, given custodial sentences for Smuggling, Illegal Entry and Breach of Curfew. Photo: VINO/File

Tambu Frett, along with an already sentenced Bryan D. Bolan, was intercepted by police entering the Virgin Islands while the borders were closed and a curfew in place on Friday, April 3, 2020. Photo: Facebook

Mr Frett, along with an already sentenced Bryan D. Bolan, was found entering the Virgin Islands while the borders were closed and a curfew in place on Friday, April 3, 2020.

Custodial sentences & fines

On the charge of Smuggling, Senior Magistrate Tamia N. Richards sentenced Frett to 24 months and a fine of $12,000 or spend a further 6 months at Her Majesty’s Prison in Balsam Ghut, Tortola, if in default.

The maximum sentence for that crime was $20,000 fine and a prison term not exceeding 4 years.

On the charge of Illegal Entry, Frett was sentenced to 9 months in jail and was fined the maximum $1,000 or spend a further 2 months in jail if he fails to pay.

The maximum custodial sentence on the books was 12 months.

For Breach of Curfew, Frett was sentenced to 50 days in jail, which represented a 10-day discount, and fined the maximum $1,000 or spend a further 2 months in prison.

The sentences are to run concurrently and from the day Mr Frett was first placed on remand, which was April 6, 2020; however, the prison terms for failing to pay fines would run consecutively.

Magistrate Richards said there was nothing found to justify the suspension of any of the custodial sentences, which were all discounted sentences since she took into consideration Mr Frett's early plea and remorse.

Frett was represented by Attorney E. Leroy Jones, who had argued earlier in the case that his client pleaded guilty to the offences at the earliest possible time and “should receive a one-third discount' across the board, including on fines.

Bryan D. Bolan

When Mr Bolan was sentenced on April 23, 2020, he was given 45 days in jail on the charge of Breach of Curfew, which the magistrate said was a discounted sentence in light of Mr Bolan’s early guilty plea, and was slapped with a fine of $1000.

Failure to pay the fine will result in imprisonment of 2 months, to run consecutively to the 45-day jail sentence.

On the charge of Illegal Entry, Mr Bolan was sentenced to 8 months at Her Majesty’s Prison, which represented a discount of 4 months.

He was also fined $1000 with an alternative of 2 months imprisonment. Mr Bolan’s prison term, if he fails to pay the fine, will run consecutively to the 8-month sentence.

Sentencing delays

When Frett pleaded guilty on April 6, 2020, sentencing was delayed to allow the defendant to be quarantined and further delayed on April 23, 2020, to allow the defence and Crown to properly face the issue of new information, namely phone records, that Mr Frett was allegedly part of a smuggling ring.

Sentencing was set for April 30, 2020, but adjourned to May 1, 2020, to allow the defence to submit to the court its references to authorities presented in mitigation.

After the decision was made to have a Newton Hearing to decide whether the court could consider in mitigation the report of phone records implicating Mr Frett in a smuggling ring, Mr Frett, through his attorney, said he was willing to get on with the sentencing and not waste any more of the court's time; however, when asked by the Magistrate if he was accepting what is in the 'report', including about him being in a smuggling ring and profiting from the illegal acts, Mr Frett declined acceptance.

Mr Frett also changed his mind to testify at the Newton Hearing, which means there was no challenge to the evidence (phone records) presented and which had also implicated a number of other persons in an alleged smuggling ring.