Local charges dropped for five drug ring accused
Instead, Carl ‘Bob’ Hodge, Chad Skelton, Juan Valdez, Roberto Harrigan and Carlston Beazer will now face extradition proceedings once more to have their cases tried in the United States of America (USA).
Director of Public Prosecutions (DPP), Mr Wayne Rajbansie, announced today, October 12, 2012, in court that he has filed a motion to discontinue all local charges on the five accused men. Meanwhile, Ms Natalie Sandiford, representing the Attorney General’s (AG’s) Chambers, stated that in relation to extradition proceedings, warrants were served on all of the men this morning and a fresh order to proceed in respect to the Florida Request was issued yesterday evening.
Ms Sandiford further advised the court that her office will proceed on the basis of a fresh request received from the USA affecting all five named persons, while new counts and additional evidence were to be added to the original charges.
As far as she understood, Ms Sandiford said, an order to proceed had been issued by His Excellency the Governor and by now the documents should have been served on her Ladyship. Magistrate Tamia Richards confirmed that she had been in receipt of the order.
Given the orders, Sandiford asked that a new date be set to commence the extradition proceedings while clarifying that this new proceedings were in relation to the Florida request only; in relation to the North Carolina request, the AG has prepared a notice of appeal to file which is expected to be filed and served during the course of the day.
Disclosure was expected to be made next week in relation to the extradition proceedings.
Meanwhile the DPP announced that local charges brought against Violet Hodge and Lucien Smith remained and sought to have their matters separated from the five men mentioned previously.
All of the accused are now scheduled to return to court on November 2, 2012 for hearing in the matter following today's proceedings.
In their appearance on September 17, 2012, High Court Judge Justice Albert Redhead had quashed the decision of Senior Magistrate, Valerie Stephens to extradite the five men to the United States. In handing down his decision, Justice Redhead ruled that the Senior Magistrate’s decision was null and void, and was done under invalid authority.
On October 4, the DPP informed the Magistrate that following the decision of the High Court Judge, the AG had 42 days to file an appeal and until the “pleasure of the Attorney General is known on this issue, I would not invite the court to commence any aspect of the proceedings against the defendants today.”
The DPP then asked for an adjournment in the matter until the 42 days time frame or until the AG decides his course of action on whether there will be an appeal. He also told the court that the extradition matter and the local charges are “inextricably linked”.
Magistrate Tamia Richards ordered the DPP to submit allegations and the evidence to show how the local charges against Bob Hodge, Letty Hodge, Roberto Harrigan, Chad Skelton, Carlston Beazar, Lucien Smith and Juan Valdez are “inextricably linked” to the extradition hearing. The DPP also has to submit how his office will proceed with the charges and state their position on the issue of bail.
Arguments were heard from both sides and Magistrate Richards ordered the DPP to submit his documents on Monday October 8, 2012 at 12 noon, while the defense had until Tuesday October 9 at 2 P.M. to respond.
Background
The United States District Court, Southern District of Florida last year had unsealed a jury indictment against 13 persons, including Virgin Islands’ locals, Hodge, Harrigan, Skelton, Beazer and Valdez for allegedly conspiring to import and distribute cocaine in the United States.
It was alleged that the five men were parties to a conspiracy and alleged drug ring to import cocaine from South America into the Virgin Islands for onward shipment to Puerto Rico, the United States Virgin Islands and the United States mainland.
While the men face local charges on most of the same accusations the heart of why the United States Government/law enforcement wants the five men is because according to the US, most of the drugs would have ended up in the United States. The drug rings allegedly began sometime in 1998 until September 29, 2010.
In the appeal case before Justice Readhead three of the defendants have United Kingdom attorneys. Lord Kenneth Macdonald, QC was Skelton's lead counsel along with his initial lawyer, Tana'ania Small-Davis from Frara & Kerins; Harrigan's lead counsel was Edward Fitzgerald, QC along with his initial lawyer, Patrick Thompson; and Julian Knowles, QC for Hodge. Mr. Beazer's lawyer remained the same Mr. Richard Rowe and Valdez is represented by Attorney Stephen Daniels.
On March 13, 2012, Senior Magistrate, Valerie Stephens found sufficient evidence for five alleged drug traffickers to stand trial in the United States for conspiracy to import cocaine to the mainland.
This meant Earl ‘Bob’ Hodge, Chad Skelton, Juan Valdez, Roberto Harrigan and Carlston Beazer are expected to stand trial in the Southern District of Florida and Hodge in the North Carolina District.
The Magistrate in her ruling said, “I find that a prima facie case made out against the men…and I am committing the men to the Her Majesty’s Prison, Balsum Ghut until such time to await the decision of the Governor.”
However, she did inform the men that they have the right to make a habeas corpus application - the right to challenge the terms of their incarceration before a High Court Judge. The men’s lawyers had 15 days to make an appeal.
In expounding her decision, Magistrate Stephens stated in relation to Hodge, the alleged mastermind in the drug ring that spanned for 13 years, that she was satisfied with the witnesses who gave affidavit evidence in identifying him. She also noted that the diplomatic channel regarding the paper work for the extradition request was satisfactory, therefore he can stand trial in North Carolina.
Meanwhile, Hodge, Harrigan, Valdez, Skelton, and Beazer were allegedly identified as co-conspirators by one of their alleged accomplices as well as by Chief Inspector Murray.
Furthermore, the Magistrate ruled that the United States had jurisdiction over the matter since an account was allegedly set up in the US for money transfers, an aircraft was purchased and registered there and the aircraft was used in the drug operation.
She lamented that the aircraft was monitored from South America via a tracking device and was allegedly spotted circling an area off the Virgin Islands. Two vessels were seen in the said location and when police gave chase, Skelton, Beazer and Valdez were apprehended on one of the vessels.
The Magistrate said she also found evidence that Harrigan, a former Customs Officer, allegedly joined the operation by assisting one of the conspirators, a Colombian national, by allowing him entry into the VI.
Valdez allegedly handled money for one of the co-conspirators and Hodge, the Magistrate added.
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45 Responses to “Local charges dropped for five drug ring accused”
R u crazy rally around what people that r bably prodoing wrong. Remember it can be our son or daughter those people r probably selling the drugs too. I m sorry if them do it lay them pay the price
They will not get a fair trial here. Our jury pool is simply too small to find a sufficient number of people who are either not related to or are/were friends or associates of one or more of the defendants.
We (the decent, law abiding people of the BVI) deserve a break and our children deserve a future without having to worry about this bunch (and others like them) preying on them. The drugs, the related violence and murders that inherently surround those involved with drugs and the overall lawlessness we have experienced in our little paradise must end!
I am begging those involved to proceed very carefully. Dot every i and cross every t this time around!