(DNO) Over four months after they had been remanded on drug and customs charges for being caught in a vessel 11 miles off the coast of Roseau on January 10,2010, nine Venezuelan men have been found guilty of four out of the five charges levelled against them and will face sentencing next Tuesday.
All nine men were charged with refusing to stop when required to do so by the coast guard and obstruction under the drugs act collectively. They were found guilty of the first charge but not guilty of the latter.
Pedro Diaz Moreno, one of the occupants of the boat who was said to be the captain, was found guilty of refusing to stop when required to do so by the coast guard. He was also found guilty of not having customs clearance required upon entry into the country and guilty of not notifying the comptroller of customs of his arrival of his vessel into the country within 24 hours.
According to Magistrate Tiyani Behanzin, who handed down the his decision last night at the Roseau Magistrate’s Court, the obstruction under the drugs act charge was not sustained since there was no evidence from the prosecution that the material thrown overboard were drugs.
“The court makes the finding that it is beyond reasonable doubt that that the material thrown overboard was material liable for seizure… The defendants, on the facts are found to be guilty of obstruction, however… had the defendants been charged with obstruction, that charge would have been sustained. No witness presented by the prosecution could establish what these packages contained. There is no evidence that the packages contained a controlled drug,” he said.
“…It seems to me that the police and customs need to be a little sharper in the way they conduct investigations… The obstruction under the drugs act cannot be sustained…” he said.
During the trial, the defence witness Ramon Jose Aguilera had stated that he and his crew had intended to venture to Bird Island to re-fuel another boat but ended up in Dominican waters. Magistrate Behanzin said in his decision that the court did not believe this explanation.
“If the defendants were in fact on their way to Bird Island, the territory… 90 miles from Dominica… were way off their target destination. If they are to be believed then the contention that they were dropping fuel… is not believed by the court…. The court also does not believe that an expert witness is needed to determine coordinates of the boat,” the magistrate said.
“There is no evidence that suggests that the coast guard was shooting for half an hour… You would expect to see extensive damage…” Behanzin added.
The defence witness had contended earlier that the coast guard vessel had suddenly began firing gun shots at them for half an hour from the time they encountered the Venezuelan pirogue on the sea.
According to Behanzin, visits to the boat during the trial proved that there were a few bullet hole impressions in the vessel. According to him there were three visible bullet holes at the back of the boat and one in one of the barrels of oil which the vessel was transporting.
According to the magistrate, the offense of refusing to stop an aircraft or vessel, the master or captain is liable to pay a fine of $5,000. The vessel is also liable to forfeiture.
Any other passenger/s on the aircraft or vessel during the chase after it refuses to stop is also liable to pay a fine of $5,000. The offense of not having customs clearance also carries the same penalty.
Submissions have been heard from the prosecutions and defence in a matter involving nine Venezuelans who had been on remand since January for drug and customs related offenses after being caught in a vessel 11 miles off the coast of Roseau.
The defendants now await a decision from Magistrate Tiyani Behanzin to be heard on May 11 to know their fate.
Yesterday, court personnel, Magistrate Behanzin, the defendants and others related to the matter, took to the Dominica Coast Guard Base in Fond Cole to view the vessel in question- the Venezuelan pirogue-which the men were allegedly caught in on January 10, 2010. This vessel has since been was seized by police.
Following this visit, the prosecution and defence made final submissions before the court.
At previous hearings state witnesses testified, that the men had attempted to escape upon realizing that the police were unto them. Two of the engines of the boat in question were said to have been disabled to minimize their escape. The police coast guard had to pursue them for 30 miles before they were intercepted, according to the state witnesses.
One of the defendants had been shot in the process and had to be hospitalized.
Corporal Francis, who was in charge of the coast guard boat, told the court in his testimony that during the pursuit he used a thermal camera and could identify personnel on the fleeing vessel throwing things into the water.“It looked like packages,” he told the court.
Meanwhile lone witness to testify for the defence, Ramon Jose Aguilera said that there was no pursuit at all. He said that he and his crew, were headed to an army base in Bird Island to bring fuel when they ended up on the Dominican coast.
The witness, who told the court he was a fisherman, said he left Venezuela on January 9, 2010 at 6 a.m. for Bird Island, to bring fuel for another boat. He said the nine-hour trip from Venezuela to Bird Island resulted in his arrest by Dominican police. He said that he didn’t not have any intention of coming to Dominica.
“The coast guard suddenly came in front of me and turned on the light … I thought it was the coast guard and I stopped quickly… They started shooting for about for about half an hour,” the Venezuelan man explained through an interpreter. Aguilera told the court that he thought the police were “bad people.”
The defendants face five charges-some jointly and others individually. They are: the failure to notify the comptroller of customs of the expected arrival of their vessel between 24 hours; entering Dominica and not being in possession of customs clearance issued by the authorized customs authority of whence they last sailed.
They were jointly charged for obstruction while one defendant also faced a single obstruction charge for refusing to stop the vessel that he was in control of when required to do so.
Yesterday, the state prosecutor, in his submissions, asked the court to find the defendants guilty of the their offenses since he believed that the state’s witnesses were credible and had testified truthfully and the lone defence witness evidence was not consistent.
He said that the evidence of all state witnesses supported each other.
The prosecutor criticised the defence’s witness’s testimony indicating that there were inconsistencies in his evidence.
Meanwhile, defence counsel, Dawn Yearwood-Stewart, asked the court to find her clients not guilty of the offenses. She argued whether her clients were actually encountered on Dominican shores.
“When they said that they eventually stopped the vessel they were 42 miles off the coast,…because according to evidence they would have seemed to go 30 miles. When the prosecution says it encountered a vessel heading into Dominica, does that mean that the defendants were in Dominican waters?” Yearwood-Stewart asked the court.
She asked the court to consider her client’s evidence where he stated that he had no intention of coming to Dominica, hence would have had no need to possess any customs clearance.
Yearwood-Stewart told the court that she believed that her clients were ambushed.
“It is clear that when the court went to view the PV Dominique(the coast guard vessel) and they turned on the engine I thought it was a Rolls-Royce, the engine was extremely quite. A clear indication that the boat could sneak up on you… The defendants had no time to flee because they were ambushed,” Yearwood-Stewart stated.
“The prosecution’s case about throwing packages is a lie,” she added.
Peter Alleyne also represented the defendants.
WELL i am not home but watch the news on line well i thing the police is doing something good but they need to star looking in to the police forese for fish drugs men
Fellow Dominican, our country is the most beautiful Island in the world, reading one of the proflie. I can believe people in this world thinks like this, the words were the DEWAARDENS officers have more bigger houses and expensive cars than polices that carry x amount of strip, please travel out of Dominica. police officers work thier butt out for nothing, to servive u have to help yourself, by doing side job if u are permitted to do so in Dominica, Stop watching Dewaardens big houses and asset, IF You MIND YOUR BUSINESS and don’t heavy heart people stuffs u will surely will have a big assets, and you will able to do something for 33% poverty in Dominica. We are in the 2000 century, grow up, Take my advice and u see a different, I am a dominica away from home. Talk less. listen more.
Well done fellas. Ya u got the Venezuelans on certain counts. Be more cautious next time. Bring them man in for ” d real ting.” I hope is not take they take them man ting. I have a question for the chief. Y, up to as I speak, haven’t I heard/read about some activities which took place in the Grand Bay area at sea. Well am sure it never hit the airwaves of our radio stations nor the papers. I was looking forward to hearing what the activity was all about but ………………………… Another thing. How some police men still “gwiahing” to build their houses and some coast guards & SSU officers have houses bigger than officers with ’nuff’ stripes for so long? CRIME POLICE ………………. POLICE CRIME.
There are other avenues that could be used with respect to transportation and delivery of drugs by those foreign dealers. Do the CUSTOMS or POLICE monitor the BOATS, any inspection conducted, when those boats arrive with their load of fuel for the storage tanks in JIMMIT or Canefield or other areas?
Dominica is being drowned in drugs, hard drugs, More and more addicts on the streets. Dominica is extremely close to Martinique and Guadeloupe. That’s close European connection. Currency is the EURO. Dominica is consistently being used both for local delivery and as a transit point for transportation further out. Unfortunately the drug trade have increased significantly. Dominicans REMEMBER some time ago another Venezuelan boat was chased by coast guards always risking their lives in those operations? How much money was found in their possession on board? Million plus and all kinds of currencies, EURO,US ect.. Nobody knows how many successful deliveries have passed through.
Just recently right in parliament, the Minister of Health challenged authorities in Dominica to investigate those in society who had amassed lots of wealth, $$$$$$, very expensive vehicles, huge houses and other property that their salaries could not afford. The Minister could advise his Govt to initiate the investigations. BUT Not in our lifetime. TRANSPARENCY, ACCOUNTABILITY, RESPECT FOR the LAW mean nothing anymore in our sacred land. DRUGS, GREED for QUICK BIG BUCKS CORRUPTS A NATION.
Many more Venezuelan boats might drift in Dominican waters and the chasing will GO ON, since BIRD ISLAND, part of Dominica’s land mass, is more than ever under the CONTROL of Venezuela.
seems that the women who try crucifying behanzin all of a sudden don’t have the spine,and the men don’t have the testicular fortitude to stand up in court nand do what he can do,or did the courts see that behanzin is the one with the brains and the skills to do their dirty jobs for them?go tiyanni,you are a rose among the thorns.the god you serve is watching over you.i’ll always be on your side.
LOL! agreed!
Big up Delroy, do your thing!!!
PM Scear-itt’s best communist friends guilty? We will see how this turns out.
let dem man go no evidents of drugs com on da toy cops stop embarrassing da an de police force
i expect u to make a comment like that. they were not on arrested on possession of drugs. Read the article above AGAIN, because you didn’t get it the first time. I more think you are the embarrassment because you didn’t understand the offences they were charged under.
If I read this properlly they were not found guilty of drug possession but
“guilty on two counts of refusing to stop when required to do so; not having custom clearance, and failing to notify customs of their arrival in Dominica within one day of the arrival.”
If we would recall Tiyani was the person they wanted to get ready of well you better keep Tiyani casue is due time what is happening in this place to stop. Not Becasue Dominica have SOCALL relationship with Venezuela this doesn’t mean that d/ca is a free port to put all u drugs and give all u sad story…….
those stories those people giving they just tieing up their own self they can do theirs drugs but they can’t lie to well…
Good job by the police.Punish these guys,and punish them real bad!!!! JAIL THEM NOW !!
I said it would happen see who they choose to render the verdict the same magistrate they want to expell read thru the lines all the dirty work is done by the same magistrate and the haters have no stone to take on such a simple case. They real verdict will come from we all know who????
Whatever happened to the Magistrates decision on the matter against the Venezuelans ? Did they find him too incompetent to give a ruling on this matter ………….. ?
Thank you DNO..
LCM. i agree with you 1000%. not 100 but 1000.
yes! OH YES. why are you so pumped up nah? but i don’t see with you? what happen d drugs was for you man? is because they know our police are not fully equiped to take on such things that’s why they come here to do their s*** but don’t worry all good things comes to an end.
THOSE BOYS SHOULD HAVE THEIR PRISON UNIFORMS ON THEM!
why all the time have to think that people from venezuela are selling drugs, they didnt shoot the police that is not true the police shoot them por that reason the run away the needed save their life and stop talking about my president he is a good boss, i am venezuelan’s woman and i am sure they are not a bad boy leave them alone all you dont know about what are talking those men are a poor people from vnezuela also they are fisherman
fisherdrug?
@PETRA….GET UP FROM UNDER THE ROCK UR SLEEPING UNDER!!
i guess venezula is very close fo ru petraa and u buy fish fromm them……….hahahahaha skerroo have aalu blinddd….
Why is it taking so long to come to a final decision. At the end of the day we can say what we want. There’s no hard evidence to say it was DRUGS. A few years ago a group of english sailors was found sailing on Dubai boarder. They were charge for crossing the boarder but it didnt take that long…. I THINK THEY ARE TRYING TO ACCUSED THEM OF DRUGS..
the police force really needs to investigate that matter cuz if dominicans were caught on the shores of venezuela in this particular situation, the gov’nt of venezuela wld not set them free..
Let the police do their jobs..if they r guilty they will serve their time, if not well they will b sent bk to venezuela…Some of u just expect the gov’nt to just send dem bk to venezuela…We have laws in DA and the laws r for everyone regardless where u come from..
there was an eeriely similar situation in montserrat in 2009…same venezuelans caught off the coast of montserrat on a pirogue…cover story was that they left montserrat in search of a boat that had gone missing earlier on…the RSS also caught them on thermal imaging cameras…they also threw “packages” overboard….and if my eyes dont deceive me…i could swear that one of the venezuelans in the pics shown is most definitely one that was being held up in montserrat…these tow occurences are so similar in nature it boggles the mind…no packages were recovered in montserrat waters either…
just send them people back home. the police embarrassing our country and justice system. u have a coast guard boat with how much police on board? do the police have divers? hmmm, just a thought cause they dealing with water.
they say they “saw” packages being thrown into the water. so where are the packages??? as usual they dont know or in this case they couldnt remember where they saw the guys drop the packages. u guys are police god damn it, have some common sense. how long would it have taken just to throw a container or sumthing to mark where u “allegedly” saw them throw the packages??? then to go back? or have a diver on hand???
u guys talking bout government and chavez in allu nonsense. dominicans are so blinded by politics and making politics their lives that they forget the little but important things. whether they are guilty or not, they can say what they want cuz as usual the police think the court of law runs on word of mouth. the court is not the streets, the courts run on evidence.
just send those people home cuz thats just embarrassing on the part of our police force.
you dont know what is a 30 miles chase, drop divers and go you must be joking!
BUMPY_sicko, would they stop to pickup and let those guys get away? you counted the engines onboard? or your head so full of drug matter your eyes and brain cannot do justice?
You must be out of your cotton-picking mind!!!!!!! First of all, with the kind of horsepower these guys were packing they would have been disappearing beyond the horizon within the time it takes to drop and secure a buoy. Trust me when I say that out in deep waters the securing of a buoy takes more than just a moment to complete. Secondly, which madman as a diver is gonna agree to be just dropped out at sea, miles offshore to wait for a boat to come back to pick him up? With the way tides and currents work, that may well be the last that the ever saw of this diver. It may be wise for you people to start thinking about the circumstances surrounding certain scenarios before opening your mouths to start criticizing the police….the police apparently can never do anything right for you all.
Do you really believe they didn’t find the packages? They tell people they didn’t find it. Remember we’re dealing with our corrupt police system.
@ OH YES….WHATEVER INTEREST U HAVE IN VENEZUELANS….THE POLICE WILL CONTINUE PROTECT DOMINICANS…EVEN PARASITES LIKE YOURSELF WILL BE PROTECTED.
Piety the coast guards did not salvage even one of the packages thrown, their case would be cut and dried. As it is, they have failed misersbly to prove anything.
IMAGINE SIX 75HP ENGINES. They should leave those engines for our fishermen and not fisherweed.
if i were tiyani i would just send them back to Venezuela. I wouldn’t want the court of appeal coming after me again. No Sir…….. boy look joke and some of those lawyers, just plain old money loving members of the …………………………(insert any word you wish to here)
So the venezuelan say he thought it was police and then they were shooting at him, then he thought the police were bad people
He said they were shooting at him for 30 minutes.
Hear this: If the coast gaurd coming at them i would imagine it would take less than 30 minutes to reach their boat if they had stopped.
Next if he thought it was bad peopl after him there is no way he gonna stop especially if they shooting after him.
i believe the Cops. I believe they try to flea. Make sure they face some time.
I predict they will be deported with time served. And the venezuelan Goverment will build us another Road project. Fair exchange? Stay tuned.
You couldn’t have said it any better cause dem fellas going back home to Chavez soon & Chavez will just fund another project in D.ca to say Thank You in a big way!!! Time will tell cause the clock is ticking…
the judge is tiyani, not skerrit. stop the crap. n so what if we get another project to say ‘thank you’. corruption all over the damn world. allu act like is dominica that invent corruption and as though is here alone it is. corruption makes the world go round now, not money. so live with it
IS PPL LIKE U THAT IS Y D/CA WILL ALWAYS DEPEND ON OTHERS N NOT TRY TO TIE THEIR WAIST N WORK 4 A BETTER TOMORROW……U ACCEPTING CORRUPTION JUST TO SAY “I HAVE THIS OR THAT” NOT THINKING ABOUT THE PRICE TO BE PAIDED LATER ON….WEH WEH WEH….SO WI COME IN D/CA…. oh!!!! n for ur information, jah is the jodge, the altimate jodge…i realy hope ur verdict dont read guilty., cuz ud be in de same “hot spot” as those running the world on corruption…
si iy pa-ni su-ti-weh……iy pa-ni voleh……..
bread of decit is sweet to man, but afterwards his mouth shall be filled with gravel
well i guess these guys were well briefed by their lawyer,,,,, the prosecution got a tough case to prove base on what on read!!!
for one joint the poor go to jail so why the must escape tiyani jail the that is why the bar do not want you
i believe they are guilty jail them
Its one thing to think or even know that they are guilty but its a total different ball game to prove their guilt based on the charges against them.
i would have find the defendants guilty cause how come is only one man that can speak english
the venezuelans can not pass colombia so they useing the dominican coast to transact thier stuff