THE COURT of Appeal has upheld the convictions and five-year prison sentence imposed on a 34-year-old policeman who was convicted of 14.8 pounds of cocaine which was found in his briefcase while he was on duty on the Enchanted Isle cruise ship which was docked at the Montego Bay Cruise Ship Pier in May last year.
Senior Resident Magistrate Glen Brown had convicted Constable Vernon Heaven on charges of possession of cocaine, dealing in cocaine and attempting to export cocaine.
He was stationed at the Immigration Department at the Sangster International Airport at the time of his arrest on May 26, 1999.
The Court of Appeal, comprising the Hon. Ian Forte, President of the Court of Appeal, Mr. Justice Donald Bingham and Mr. Justice Howard Coke, acting, heard the appeal and held yesterday that Senior Resident Magistrate Glen Brown was correct in his finding that Heaven had requisite knowledge as to the contents of the packages which were in his possession.
Evidence was given at the trial that on May 26, last year, Sgt. Errol Graham and other policemen acting on intelligence boarded the cruise ship and proceeded to the library section where they saw Heaven sitting at a desk. He had a burgundy brief case in his possession. He said the briefcase belonged to him. The briefcase was opened in Heaven's presence and 16 packages of cocaine weighing a total of 14 and a half pounds were found in the briefcase.
Deputy Superintendent Neville Salmon said he questioned Heaven who told him that he got the packages from a co-worker called Norman Malcolm. He also gave a caution statement to the police that a "co-worker of mine stopped in our parking lot and give me the packages and said a man in pink will be looking for me to take the packages".
The Resident Magistrate found Heaven guilty of the charges and commented that Heaven used his "office" to smuggle the cocaine on board the ship.
Inadmissible
Heaven, who was represented by attorneys-at-law Frank Phipps, Q.C. and Arthur Kitchin, had appealed on the ground that the Resident Magistrate allowed inadmissible evidence at the trial. It was argued that there was no proof that the substance taken from Heaven was cocaine. They also complained that the Resident Magistrate denied the defence an adjournment to call a witness at the trial. One of the grounds of appeal was that the sentence was manifestly excessive but the Court of Appeal said that the magistrate took certain things into consideration, one of which was the fact that he used his office to smuggle cocaine on board the cruise ship. The court pointed out that the various amendments to the principal law of 1948 had been responses to the distressing feature of the increase in cocaine offences. "As in the Bahamas we cannot say that the jurisdiction of a Magistrate to impose a sentence of five years is in excess of the powers which should be enjoyed by the lower judiciary, especially as the much more severe sentences are reserved for the Supreme Court," the court ruled.
The court said that the magistrate was in error in not granting the requested adjournment but no substantial miscarriage of justice had actually occurred.
Paula Llewellyn, Senior Deputy Director of Public Prosecutions appeared for the Crown.
