Rights violated, but man must still face trial

An alleged heroin smuggler failed yesterday in his attempt to get the charges against him dropped because he had waited almost three years for a trial.

Puisne Judge Philip Storr ruled that Andrew Hall's constitutional rights had been violated because he did not get an early trial.

But he said public opinion in Bermuda would be “outraged” if Hall did not stand trial - particularly because two co-accused who pleaded guilty were jailed for 14 and 18 years.

Hall's lawyer Mark Diel asked Mr. Justice Storr to release his client, dismiss the charges against him, and hold another hearing to determine compensation.

He cited a case involving Scotland's top prosecutor, the Lord Advocate.

But Mr. Justice Storr dismissed the application, saying the case did not apply to Bermuda.

He said the Law Lords in London had just ruled that the public interest must be taken into consideration to prevent a collapse in confidence in judicial system if alleged criminals were able to have serious charges against them dismissed.

“In my judgment, public opinion in Bermuda would be outraged if I were to release this man on these very, very serious charges, particularly in light of the sentences which his co-accused received,” he told Supreme Court yesterday.

Hall will stand trial in January on the charges of importing $1.8 million of heroin.

Mr. Justice Storr said he would leave the trial judge to decide on any application from Hall, 39, for damages.

Hall will have been in custody for two years and ten months when he stands trial in January.

His co-accused, Jamaican Barris Dawkins, also known as Rudolph Everton Pusey, 46, was locked up for 18 years when he pleaded guilty to importing the drugs.

And fellow Jamaican, Teartia Smith, 38, a nurse, was jailed for 14 years when she pleaded guilty to the same charge.

Solicitor General Wilhelm Bourne appeared for the Crown.

Sentence reduced for prisoner who escaped

A prisoner jailed for a further six months after escaping from the Prison Farm had two months shaved from his sentence in the Supreme Court yesterday.

Andre Tucker, 20, had been sentenced to a 12-month stay at Westgate in March for attempted breaking and entering. He was later moved to the Prison Farm.

He escaped from the Prison Farm on October 6 and managed to elude Police for three days before being recaptured and sentenced to a further six months in jail by Acting Senior Magistrate Carlisle Greaves.

Yesterday, Tucker told Chief Justice Austin Ward his sentence had been harsh as he had turned himself in and had only been on the run for three days but had still been given the maximum punishment.

Mr. Ward said he thought Police had caught him in Curving Avenue, but Tucker said he had drawn attention to himself.

He argued: “A man two weeks before me had escaped for 28 days and he got six months concurrent. I feel it is not fair.”

He said a three-month loss of remission imposed by the Treatment Offenders Board meant his three days on the loose had cost him an extra nine months.

Tucker apologised for his actions and said it had meant his family and those who worked with him had lost their trust.

“It's hurt deeply,” he said.

Crown counsel Oonagh Vaucrosson said there was no record of Tucker giving himself up and he should have raised it in Magistrates' Court.

She said Tucker was nearing the end of his sentence when he went missing but his actions had been a breach of trust.

Mr. Ward said some consideration needed to be given to Tucker's guilty plea and reduced the sentence to four months which Tucker thanked him for.

Man opts for prison rather than pay fine

A man elected to go to prison yesterday in Magistrates' Court rather than pay an outstanding $1,000 fine for riding a pedal cycle while impaired several months ago.

Dion Burgess, 37, of no fixed abode, pleaded not guilty to being drunk and incapable, drinking liquor in a public place and using offensive language on Saturday.

Acting Senior Magistrate Carlisle Greaves also asked him to either pay his outstanding fine of $1,000 or to go to prison immediately.

Burgess said: “I ain't paying nothing, you can send me up for this.”

Mr. Greaves said: “Your wish is my command and I love being commanded.

“This is a man who was driving drunk around Bermuda and now he says ‘lock me up'.”

Burgess said: “I was riding a push bike.”

Mr. Greaves set a trial date for the other matters on February 16.