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UPDATE: Frett & Bolan to be quarantined before sentencing
Both men pleaded guilty to the charges of Breach of Curfew and Illegal Entry while Frett pleaded guilty to an additional charge of Smuggling in the Magistrate’s Court held via Zoom on April 6, 2020.
Back in virtual court today, April 7, 2020 for sentencing, Magistrate Richards said following advice from the Ministry of Health she was postponing her sentencing of the defendants to allow for them to be fully quarantined.
She said the health status of the men after the quarantine period would also facilitate her sentencing decision.
Both defendants had pleaded with the magistrate on April 6, 2020 to not be given custodial sentences.
Magistrate Richards also said it would be between the police and the Ministry of Health to decide whether to have the men placed in quarantine at Her Majesty’s Prison or Road Town Police Station where the men have been since their arrest on Friday, April 3, 2020.
It was mentioned in court yesterday that the police officers who came into contact with the men during their arrest also have to be quarantined.
Meanwhile, Acting Director of Public Prosecutions, Tiffany R. Scatliffe Esperit informed the court that the Crown would be making an application under the Customs Management and Duties Act for the vessel used by Mr Frett on the day of his arrest to be seized.
Mr Frett had reportedly told police the dinghy belonged to a Mr Jerome Hopkins Jr.
The Magistrate’s Court will be closed for the Easter vacation and is scheduled to resume on Monday, April 20, 2020.
See previous article published April 6, 2020
Duo pleads guilty to entering VI illegally during curfew
- Tambu Frett & Bryan D. Bolan to be sentenced on April 7, 2020
The two men who were found entering the Virgin Islands while the borders were closed and a curfew in place on Friday, April 3, 2020, both pleaded guilty to their charges in the Magistrate’s Court held via Zoom today, April 6, 2020.
Virgin Islander Tambu Frett, 37, and US Virgin Islands (USVI) resident Bryan D. Bolan both pleaded guilty to the charges of Breach of Curfew and Illegal Entry.
Frett also pleaded guilty to the charge of Smuggling.
Senior Magistrate Tamia N. Richards, who was not physically in the courtroom at the Road Town Police Station, deferred her sentencing for 11:00 am tomorrow, Tuesday, April 7, 2020.
Frett was represented by E. Leroy Jones while Borlan’s attorney was Stacy Abel.
Both defence attorneys were in the courtroom.
Mr Frett seen leaving Baughers Bay during curfew- Acting DPP
According to Acting Director of Public Prosecutions, Tiffany R. Scatliffe Esperit, who was also not physically in the courtroom to allow for appropriate social distancing, on April 3, 2020 police had received information that Mr Frett was seen leaving Baughers Bay in a dinghy heading to the US Virgin Islands and the Marine and Intelligence Units began to conduct surveillance.
Ms Scatliffe-Esprit said at around 4:00pm on the day in question, the dinghy, with Mr Frett as the sole occupant, was seen heading to open waters, to the direction of Peter Island then shifted course to the direction of Norman Island then disappeared behind the island of St John in the USVI.
Law enforcement officers then positioned themselves between Flanagan Island and St John and the dingy, now with two persons inside, was spotted heading to Norman Island. Police attempted to stop the vessel using a siren and blue revolving lights; however, the dinghy sped up but was subsequently intercepted.
Nothing illegal was found in the vessel; however, $5, 700 was found in the front pocket of the boat captain Mr Frett’s backpack and $6, 020 in the pants pocket of Mr Borlan.
Initial story
Mr Frett’s initial story was that he went to Jost van Dyke (JvD) as he was bored and Mr Bolan asked him for a ride to Tortola. He also said he was in USVI waters looking for drifting dinghys.
Bolan, who the court heard was born in St Kitts but resides in the US Virgin Islands and possesses a US passport, initially told police he was on Jost van Dyke but could not tell police who on JvD could verify his story.
Police would later discover that Mr Bolan, who frequented the VI, had left the Territory since March 16, 2020, and had not re-entered since.
Bolan’s attorney, Ms Abel, said her client was only trying to get on Tortola to be with his pregnant and unwell girlfriend who was scared to spend the 14 days of lockdown alone.
She said Mr Bolan was not aware of the stringent measures in place in the VI since the USVI has kept its borders open and has not responded to COVID-19 in the way the VI has.
Ms Scatliffe-Esprit, who has recommended that Mr Bolan be immediately repatriated to the USVI, said lack of knowledge of the curfew and border measures in place should not be considered as a mitigating factor since information about what has been happening in the Virgin Islands has been widely broadcasted in the USVI.
The men were remanded to custody at the Road Town Police Station until tomorrow.
More details to follow.
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22 Responses to “UPDATE: Frett & Bolan to be quarantined before sentencing”
The BVI is under the sun,the man leave the bvi in broad day light,in sunny bright weather with no regard for law and order,enter the usvi with no regard for usvi laws and reenter the bvi waters and even refused to stop at police siren and blue lights,now you want to blame a friend because it was said that police receive information?
you have yours ?????
According to this published news, [ "Ms Scatliffe recommended that Borlan be repatriated to the USVI?]
Re-pa-tri-ate?
Respectfully, I wish to disagree with her majesty's director of public prosecutions ;on a point-of-law.
The law:-
[IMMIGRATION AND PASSPORT ORDINANCE CAPTER130] 7th July,19776
Laws of the Virgin Islands-BVI.
[" Part VIII"]
["Deportation and Provisions for the removal of persons from the territory"]
["Side notes"]=Procedure where deportation is desirable:
SECTION 40, STATES:-
[" (1) Subject to the provisions of section 41 nd 44 inclusive, if at any time after a person ,OTHER than a person deemed to belong to the BVI, has landed in the territory, it SHALL come to the knowledge of the GOVERNOR that such person-
(b) has been CONVICTED of any offence against this Ordinance, or of any other offence within the territory PUNISHABLE with imprisonment for THREE months or more:-
The GOVERNOR may make an order (herein referred to as the "DEPORTATION ORDER") requiring such person to leave the territory within the time fixed by the deportation order and thereafter to remain OUT of the territory"]…
So, based on this point-of-law, I say to the competent DPP, repatriation is an amicable understanding that a person leave the BVI without a record of a deportation order!
Therefore, I legal team, do swear, that I will be writing to the Chief Immigration Officer Mr.Penn, of the BVI,to recommend that Borlan be deported from the BVI officially,and if the C.I.O does not act,I will not write to the Governor, butI will write to Her Majesty,the Queen at Buckingham Palace to advise Her Most Excellent Majesty in Council of this matter.
There are too many convicted none-belongers in the BVI,who a break from corrupt politcians.
Person who enter the BVI through the [backdoor] as TERRORIST,must be punished,according law!
If the person does not belong to the BVI,that person must be deported,on the records,under section 40 of the Immigration and Passport Ordinance.
The DPP or the Magistrate, has no authority, in LAW to make recommendation, under section 40 of the act.
I take this opportunity to thank Vino for allowing persons to express themselves and voice their freedom of speech,in a free and democratic BVI society.
One love BVI.
God save the Queen.
Unfortunately, legal team will never run for political office or become the AG, or the DPP because there are certain qualifications which goes with such positions but legal team does not have the prerequisit academic qualification to hold such prestigeous positions in society.
legal team was blessed with many talents from God the creator, and will continue to fight for justice and defend the Constitution on behalf of Her Majesty, the Queen..
Because, authority in our society are too personal and unprofessional.
They only read statutory laws and Constitution, when its time for promotion, power and bigger salary.
I will continue to use my God-given-skills of legal research, and share the information with my people.
One love BVI.
God save the Queen.
and let him in. Sad state of immigration.
I must say without reservation, that the only authority in the world that is taking Covid-19 serious,is the BVI authority.
Not even president Donald Trump and prime minister Boris Johnson,taking Covid19,as serious as BVI authority.
I pray for the persons on the frontline fighting this infectictious and highly contagious disease
One love BVI.Stay safe BVI