Trial of Venezuelans facing drug charge continues on March 11

Nine Venezuelans, who had been charged with obstruction under the Drugs Act in January, appeared before a Roseau Magistrate’s court on Tuesday for the continuation of their trial.

Two witnesses gave evidence for the prosecution and the trial was adjourned to continue on March 11, 2010.

Magistrate Tiyani Behanzin ordered the media not to report on certain details discussed during the case, since some matters were of national security. He also granted an application by Defence Lawyer Dawn Yearwood-Stewart requesting that the media not report on the evidence of the witnesses since she felt it would be prejudicial to the defence case. In addition, Attorney-at-law Peter Alleyne, who represented the Venezuelans believed the media’s report of witnesses’ testimonies before the completion of the trial would “pollute the evidence.”

On Monday two witnesses had also presented their testimonies at a Portsmouth Magistrates’ Court, where Magistrate Behanzin, was sitting on that day.

According to the evidence in a previous hearing on January 27, 2010, the nine Venezuelans had been remanded after they were apprehended in a boat, just 11 miles off the coast of Roseau on January 10.

Corporal Francis, the officer in charge of the Coast Guard vessel, which discovered the Venezuelan men had told the court that the officers received a report, and at about 8:30 p.m. that same night they met a 35-foot long Venezuelan pirogue just 11 miles off the coast of Roseau, heading to Dominica.

“When I turned on the light on my patrol boat and shouted [Stop Coast Guard!] the vessel immediately turned southwest and increased her speed. I lost visual contact then, but I could observe the fleeing vessel on radar and night vision equipment … I started pursuing the unidentified vessel at this point. I pursued her for about an hour-and-a-half on a 30-mile chase,” Francis explained in his testimony.

During the pursuit, he used a thermal camera, and could identify people on the vessel fleeing and throwing things into the water.

“It looked like packages,” he added. Corporal Francis instructed his gunner to fire warning shots, hoping the vessel would stop, but it continued. The gunner was then instructed to “fire in” on the boat, which he did, according to Francis.

“I noticed at least one engine got hit, sparks, and the vessel stopped. As I approached the vessel, I immediately identified two men crouched close to the engines, one of them I identified immediately. He was holding his left shoulder with his right hand and appeared to be bleeding,” Francis testified.

The evidence went on to state that After summoning another coast guard vessel named Tomice Two, Francis along with its captain Corporal Robin, drove the Venezuelan boat to the Coast Guard base.

The injured Venezuelan man was sent to the Princess Margaret Hospital, after being examined by Corporal Francis. No items worth seizing by the police was found following a search on the Venezuelan vessel, Francis noted.

“No identification was found. Only a magnetic compass was found … There was lots of food, extra clothing,” he added.

Through an interpreter, the men were informed of their offenses and charged. When questioned about throwing objects into the sea, they replied “[we didn’t throw anything]” Francis said.

Francis asked them who was the captain of the vessel and they answered: “we all are.”

None of the packages Francis allegedly saw the men throwing off the boat were found.

He explained to the court that his night vision equipment and thermal camera did not allow him to see the special features of the packages; therefore he was not able to give a definite identification of them.

Under cross examination during that hearing, Defense Lawyer Peter Alleyne asked Corporal Francis whether the police had gone in search of the said packages; however, Francis said they had not and explained that he was not certain about the location that the packages had been dropped.

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9 Comments

  1. EYES WIDE SHUT
    February 25, 2010

    Karkabeff point well taken but the onus of proving that it was actually drugs thrown over the boat as a fact is almost impossible to prove by the coast guard regardless what we may think took place, there is no evidence to back them up however im wondering why wasnt they also charged with being illegally in our territory i think that would carry out a much stronger case for the coast guard …At the same time corpral Francis good job if it was in fact drugs that was being smuggled we the Dominican ppl have won yet another battle but the war still goes on …… NOTE TO THE APPROPRIATE AUTHORITIES:Please upgrade and equip our law enforcement officers with the right tool to continue do there jobs more effectively……

  2. February 25, 2010

    I am more interested in the interpreter services in Dominica. As a working staff interpreter in the US I am curious about the qualifications, certification, rate of pay, etc. Appreciate any info.

  3. Karkabeff
    February 24, 2010

    If you throw away packages that then u have obstructed the police because they did not get to inspect the packages contents. Obstruction is against the law and though it does not carry a heavy penalty as trafficking drugs, all the police have to do is convince the magistrate that you obstructed them.

    Now, how the hell you all expect the police to recover packages thrown in the ocean at this time of night when government did not give them the equipment to that? The government is stupid and backwards for not equipping the police. Good job Corporal Francis. You should be promoted for taking such brave actions in the interest of protecting our territorial waters and national security on a whole.

  4. Barbie
    February 24, 2010

    That’s the whole point why the venezuelan’s are charged for obstruction under the drug act. They threw something when the saw the custom officers and police. They got rid of it before the police could reach them and the refused to stop when the police asked them to. Why did the throw away whatever they had on the boat? The police has every right to think that it was drugs and hence the reason for obsruction under the drug act.

  5. d/ca to the bone
    February 24, 2010

    one must realize if there is no evidence presence, the court can only work with what is presented before them so the judgment can be made. in this case the pics should be able to preview ( i mean we a in a computerize world ) or scoll back, otherwsie the police is just wasting the court time. evidence is needed.

  6. February 24, 2010

    the house of justice cannot do s..t for justice. i more think justice will find a place o hide. poorpity!

    are the systems in dominica for real. how do we get off doing so much wrong and in your face type of criminalities.

    who going to pay for the ills we are propagating these days.

    ‘ARE WE NEARLY A FAILED STATE?

  7. lol lol
    February 24, 2010

    how u can see them throw something in the water and u did not go back and look for it. boy dominica police stupid.Corporal Francis u need to take some schoolin for your position, what a stupid police. u have no evidence towards the charges brought again them man. send them man back to there country.

  8. Anonymous
    February 24, 2010

    how u can see them throw something in the water and u did not go back and look for it. boy dominica police stupid.Corporal Francis u need to take some schoolin for your position, what a stupid police. u have no evidence towards the charges brought again them man. send them man back to there country.

  9. EYES WIDE SHUT
    February 24, 2010

    Due to the facts mentioned of the case so far although i am by no means educated in the legal system but from a laymans point of view im thinking that the venezuelans will get off scotch free for lack of evidence towards the charges brought against them…subjected to correction pending more review into the case and others with knowledge of the law…

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