Venezuelans to give up vessel and pay over $39,000 in fines

(DNO) Over $39,000 in fines are to be paid by nine Venezuelans who were captured in a boat just off the coast of Roseau in January.

The nine men, who were sentenced by Magistrate Tiyani Behanzin this morning, faced five customs and police-related offenses.

They were found guilty of the four customs charges and not guilty of an obstruction under the drugs act last week.

It was ordered today that the Venezuelan pirogue – the vessel that the men were caught in – be forfeited with all its equipment except personal belongings.

“My advice to them is don’t come back here unless they come here legally,” Magistrate Behanzin told the men after sentencing them.

According to the prosecutor, three of the nine defendants had already been in trouble with the customs department on a previous occasion. The defendants were all fined $5,000 – the maximum penalty – for the offense of refusing to stop during a chase when required to do so. In default they will spend six months in prison.

Under the same conviction, four other defendants were fined $4,000 each. They will all spend six months in prison if they refuse to pay those sums.

The two youngest defendants- aged 21 and 22, were fined $1,500 and $2,000 respectively. In default they will spend three months in prison.

Pedro Diaz Moreno, who was charged for failure to notify customs of the arrival of his vessel within 24 hours, was fined $500 for that offense. In default he will spend six weeks prison.

Moreno was also fined $4,000 for refusing to stop the vessel when required to do so. In default he will spend six months in jail.

He also faces a fine of $5,000 for not being in possession of customs clearance.

The men were found not guilty of an obstruction under the drugs act charge.

In mitigation, attorney for the men, Dawn Yearwood-Stewart told the court that all her clients were married and were of ages which ranged from 21 to 51.The defendant who testified on behalf of the defence Ramon Jose Aguilera was said to be a 30 year of father of six. They were all fishermen.

Yearwood-Stewart asked the court not take into account the fact that her clients had already been in trouble with the law for unlawfully coming into Dominica on a previous occasion since they had already paid their dues for that matter.

“All have already paid their debt to the Dominican society. We respectfully ask that the court not take these infractions into account as they have already paid for these infractions,” Yearwood-Stewart stated.

She also stated,” The accused men have been in custody, I believe since the January 10,2010 and the court is respectfully asking to take into account when imposing sentence… I’m sure that the court is aware of the numerous complaints of the accused men, that they just want to go home and it is in their regard that I respectfully request that this court tempers justice with mercy, bearing in mind that they have been… in custody for five months and particularly the one who testified was in security block which is twice the time of the others…”

She also asked that the boat not be forfeited.

Before passing sentence Magistrate Behanzin said, “…The court can only feel for those who have children and family and haven’t seen them….But these are very serious offenses and a message must be sent for those who feel that they can breach the sovereignty of Dominica and carry out these offenses. All the defendants have abused the good relationship between our country and you country.”

He added, “The three of you who have appeared with infractions before customs should never have found yourself in this country breaching any of our laws…”

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21 Comments

  1. Anonymous
    September 17, 2010

    according to what i read they make jail already so to me that makes no sense

  2. May 29, 2010

    I support this magistrate 110%. Who vex get lost, we need some law and order in this damn country. Our people need to take note also that they should not go around committing crimes in other people’s country. Remember there are two sides of a coin.

  3. DOMINICIAN IN TOLA
    May 27, 2010

    IRIE YOU MAKE ME LAUGH SO MUCH WHAT A SWEET PIECE OF LAUGH I HAD I AGREE WITH YOU PUT DEM ON A DAMN PWI PWI LET THEM ROW BACK TO VENEZUELA THEY TOO DAMN OUT OF PLACE

  4. Nitara
    May 27, 2010

    Irie u always make me lol wen I come on dno. I Come on sometimes jus to read ur responses. Our itals too gud 4 dem. Some wassi bread and stale cheese

  5. Irie
    May 27, 2010

    Garcon, de punishment would be more complete if they put them on a pwi pwi and make them row back to venezuela. Not my tax money dat paying to deport them, the most we should pay for is a big jerrican of spring water and some fig woti, to keep them on their pwi-pwi journey back to caracas….and maybe some fawin, and two zaboca….

    • LABOUR POWERRRRRRRRRRRRRRRR
      May 27, 2010

      haaaaaaaahahahahah bonjaiiiiiiiiii lol yur friends must love you because trust me you can make a person laugh

  6. van
    May 26, 2010

    Well Done Mr Behanzin. Messages need to be sent out for others who wish to follow. Laws should be abided and Dominica must not be taken advantage of, or used as some stepping stone for greater crimes.

    These men knew they had children etc, before embarking on their illegal journey. So lame excuse by their Defence Lawyer.

  7. Nitara
    May 26, 2010

    Tiyani Behanzin keep it up. Your love for the youth and justice was witnessed at Bense saturday evening to a large crowd, young And old. You are an orator like ur late father. And we the law abiding citizens are realising what a treasure we have in you.you are the peoples magistrate. You will never be bought as you stated, by the criminal lords and SURNAMES in Dominica. Pedophiles, Drug lords and Vyeh Negre had it too sweet in d/ca

  8. realist
    May 26, 2010

    good job t.b

  9. lawyer
    May 26, 2010

    the men should pay their fines and return home . there ways no proof that drugs was involved so lets live this one out,if there were drugs then our cops messed up. they have served five months send them back to their country. tiyani way to go

  10. jen
    May 26, 2010

    It seems drug trafficking in this country carries a lesser fine than stealing personal equipment. A vessel owner with all those charges fined below $10,000.00 will commit the act all over again because the fee he is charged is just a percentage of what he is being paid by his clients if caught. That is just saying you can use Dominica as a port of call for your trafficking because it is the cheapest.

  11. Irie
    May 26, 2010

    Anyway lawyers can say things eh for a little money, hear de lawyere defense……..weh papa….they say de devil dress in red, hmmm I more feel he dressed as a lawyer.

  12. May 25, 2010

    Comrad Chavez will ditch out the payment.

    These guys have learnt a lesson for the next class in case they pass back.

  13. Cadence
    May 25, 2010

    Great job Your Honor,justice was served.The sovereignty of a country must be respected and it’s Laws obeyed and adhered to….

  14. zenfanh mochoroh
    May 25, 2010

    If they were citizens of The Commonwealth Of Dominica and they were caught in Venezuelan waters illegally they would surely have to serve lengthy prison sentences. I am disappointed by such lenient sentences being handed down to the Venezuelans especially those who are already known to our law enforcement agencies. soucou . socorro, socorro hay algo con las leyes de mi pais que yo no puedo comprender. La systema de justicia no funciona.
    Mon Dieu preseve mon pays La Dominique, je vous souplie humblement. Que Dieu nous aide a lutter contre cette problem intolerable.

  15. annie
    May 25, 2010

    Welcome back Magistrate Behanzin. Keep up the good works.

  16. Dr. Finger
    May 25, 2010

    I just LOVE this magistrate! Just what the doctor ordered……

  17. tru soldier
    May 25, 2010

    well done mr behanzin although i think it should have been stiffer but u gave the maximum…. a message must be sent out there that dominica is a land of laws. Also well done job by the police and i hope this encourages them to go out there and do their jobs.. thanks to mr shavez that he stayed out of this one

    • remember
      May 26, 2010

      U forgot the other magistrates where hard on tiyani for his sentences I guess that’s why he was soft on them for the sentencing.

      • Chief prosecutor
        May 27, 2010

        he gave the maximun that the law permitted. the law needs to be amended.

  18. ManMan
    May 25, 2010

    Lawyers again!!!!!!!!!

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