Five men imprisoned for illegal entry into Dominica

Five men are now inmates at the Dominica State Prison after they pleaded guilty to illegal entry and failure to present to the proper officer, accompanying baggage for examination.

Dion Phillip Michel aged 33 and Donnelle Travis Michel 30, of Kingshill, Shirmon Liam Joseph 29, of Canefield and two Haitian nationals in their late 20’s, appeared before the Roseau and Marigot Magistrate courts last week where the charges were read to them.

According to the facts presented to the court by State Attorney, Sherma Dalrymple, on Thursday, January 28, 2021, at about 3:30 p.m officers of the Commonwealth of Dominica Police Force (CDPF) went on patrol on the North East [of the island] attired in black uniforms and armed with firearms. At about 11:00 p.m, the officers were in the area called Caribou Bay in Wesley. The moon was bright, so they had clear vision and they were also equipped with flashlights when they spotted a blue vessel coming towards the shoreline from the westerly direction.

The officers noticed that there were several individuals aboard the vessel, hence, they continued observing and later noticed five (5) persons coming on shore, all carrying baggage. They pointed their flashlights at the defendants and the vessel and shouted, “Stop, police.”

A sudden explosion which sounded like gunshots was heard coming from the vessel and captain of the vessel began pulling back with two (2) individuals on board. The officers fired shots at the bow of the vessel to in effort to stop the vessel. However, the occupants made good their escape.

The defendants, Donelle and Dion Michel, Joseph and the Haitians were approached and the officers identified themselves and asked the defendants where they were coming from to which they did not reply. Later, officers noticed that one of the Haitians, Jameson Joseph, had sustained injuries to his left thigh and was taken to the Wesley Health Clinic and later transported to the Dominica China Friendship Hospital.

After the quarantine period, the men were taken to Police Headquarters for questioning.

There, police officers identified themselves and began their investigations with a series of questions. At that same time, officers of the Customs and Excise Division’s Investigation Department arrived at the Drug Squad Unit and identified themselves to the accused who identified their baggage after being asked to d so. The Investigating Officer, along with the Customs Officer, conducted interviews with the accused individually, while the Haitian national was interviewed with an interpreter. They were subsequently charged.

Attorney-at- Law, Wayne Norde, who represented the three Dominicans and one of the Haitians -Joseph- at the Roseau Magistrate court, pleaded with the court during his plea in mitigation, for leniency for his clients.

Norde told the court that the three Dominicans were all fathers and the Haitian national had status in Dominica. He said further that all the men had tested negative for COVID-19 and pleaded guilty to the charges at the first opportunity and did not waste the courts time and therefore, he was seeking a non-custodial sentence.

Later, the accused were given their chance to mitigate on their own behalf and Shirmon Joseph first told the court that he is the owner of a mechanic shop and a father of three (3) and said that he intends to expand his business and also to employ people. He also said that he wants to be a good father to his children and wants to be there for them. Jameson Joseph said that though he was injured, he knows that he has done wrong and that and does not mind paying a fee as he is working. Dion Michel is a painter by profession and also a father. He said that growing up was hard for them as kids and for their parents and that he only wants to give his son a better life. He mentioned that what he did was wrong and he will not put himself in such situation again. Donelle, who is a father of three (3) and a construction worker, apologized for his actions and gave the commitment to the court to never get involved in such actions again.

In handing down his sentence, Magistrate Michael Laudat admonished the men for their actions as he stated they not only placed themselves at risk but police and customs officers and the citizens of Dominica, as well.

“When the court is passing sentence, it must take into account the public’s interest. The government cannot prevent its citizens from entering the country especially in a pandemic. So you all could have come on a pwi-pwi once you come legally and declared yourself at a lawful port of entry then you cannot be arrested,” he advised.

The Magistrate said in matters such as these he will be deviating from the sentencing guidelines as he is obligated to take into account the public interest.

“I give you all a pat on the back. I want to send a strong message this illegal entry thing will not be accepted in Dominica,” Laudat declared.

For the charge of illegal entry, the three Dominicans and one Haitian-Jameson Joseph- were sentenced to six months in prison and ordered to pay, by Friday, February 12, 2021, $5,000 each on the charge of Failure to Present Baggage to the Proper Officer. In default of the payment, they would be further imprisoned for 6 months.

Meantime the other Haitian national who was charged with the same offence and prosecuted at the Marigot Magistrate court, was sentenced to 12 months in prison for illegal entry and charged $15,000 for the customs charge. In default he would be imprisoned for another year.

Dexter Joseph who was also charged in connection with the same incident for illegal entry and possession  of ammunition, pleaded not guilty and his matter was adjourned to March 2, 2021 for trial.