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Five years later, Vincentian trio in 2008 drug bust walk free!
The decision was handed down in the Court of Appeal of the Eastern Caribbean Supreme Court of the Virgin Islands and was heard by appeal judges Mario Michel, David Baptiste and Ola Mae Edwards.
On January 23, 2008, the Royal Virgin Islands Police Force (RVIPF) seized and searched a chartered catamaran at Hodges Creek with some 61 kilos of cocaine on-board. The cocaine was said to have had a street value of $1 million US.
The RVIPF alleged that the shipment of cocaine came from St. Vincent and that Chance, McDowell and Sutherland were involved in the shipment of the drugs.
The Court of Appeal ruling quashed the conviction for drug importation, on the ground that the then Magistrate, Ms. Valarie Stephens, erred in law in relying on a certificate of analysis not bearing the name of the defendants.
This all happened after the three men would have spent five years of their lives at Her Majesty's Prison, and having been extradited from St. Vincent and the Grenadines.
Speaking with Virgin Islands News Online following the ruling, they said that they are glad to be finally returning to their families in their homeland.
“I am very happy to be free to get back home to St Vincent and the Grenadines to be with my friends and family,” said Chance.
Mc Dowell was loud in praise to God as he said without him it would not have been possible for the matter to have reached that far.
“….and I want to say thanks to the lawyers, they fought a good fight and in the end we are victorious,” said an overjoyed Mc Dowell.
Asked what he had to say, Sutherland only replied, “Me good man, me good.”
Mc Dowell and Sutherland were represented by Attorney at Law, Patrick Thompson while Chance was represented by Attorney at Law, Stephen Daniels.
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24 Responses to “Five years later, Vincentian trio in 2008 drug bust walk free!”
watch out for the law suits that follow. .... but tola does always give people from away the opportunity to take advantage of the country laws.
I really hope that the law makers of this country are paying serious attention to how incompetence and overzealousness can cost taxpayers loads of money through the wrongful extradition and prosecution of those individuals. (Cost-chartered flight from SVG, court/prosecution, inmate housing and medical etc...)
So who give you the idea that they want to stay here. There's nothing here for these guys, they are much better off in their homeland so stop your ranting.
@born here you know what "extradite" mean they didn't come here willing ....
What these men and their appointed attorneys did, by appealing this case,on the many grounds,is good for the justice system and is good for democracy in the BVI!
Section 16 of the V.I Constitution states:-
["" (7) Every person who has been convicted by a court of a criminal offence SHALL have the RIGHT-
(b) to APPEAL to a superior court against the conviction or the sentence or both as may be prescribed by LAW""]
The problem we have in the BVI,when it comes to Criminal Prosecution,is that,some law enforcement officers and Public Prosecutors, usually get a little TOO Zealous about prosecuting cases with little or no credible evidence; and obviously,after a conviction,the lawyers would just appeal!
But this level of zealousness can cost the Government MILLIONS of tax-payers dollars,and the Constitution supports my statement,because the Constitution is the Supreme law of the land. This RUSH to prosecute,is bad for democracy and can be costly on the Treasury!
Fasten your seat belts and let us all read subsection (8) of section 16 of the V.I Constitution,as declared by Her Majesty-The Queen in HER V.I Constitution: Are you ready to read?
Sub-section (8) of section 16 of the V.I Constitution states:-
[""When a person has,by a final decision of a court,been convicted of a criminal offence and,subsequently,the conviction has been QUASHED,or that person has been pardoned,on grounds that a newly-disclosed FACT shows that there has been a MISCARRIAGE of JUSTICE, he or she SHALL be COMPENSATED out of PUBLIC FUNDS for any PUNISHMENT that he or she SUFFERED as a result of the CONVICTION unless it is proved that the non-disclosure in time of that FACT was wholly or partly his or her fault""].
That is the Power of the V.I Constitution! And Legal Team will publish what he read! Read it my people;for too long they have persecuted you.
Since that day,I read on the news about this none-sense saying [Alred Frett in hot water for publication on VINO] for developed a No-Confidence-Motion,in some public prosecutors. Mr. Frett did NOT commit an offence in the BVI, but they had him parading inside the courtroom,and being chastized for a legal and lawful article he wrote to VINO!
Now you have the case of officer Callwood,being "Persecuted" in a criminal prosecution,with evidence of "he say-he-say is hearsay:
Mr.Callwood,if they convict you on ""DAT"" say-say evidence,APPEAL to the High Court and PRIVY Council,then utilize the provisions of sub-section (8) of section 16, of the V.I.C, then after, Sue the DPP!
Mr Frett was afraid to SUE DEM,but I know you have gutts Mr.Callwood: SUE the D.P.P!They too Lawless!!