Drugs couriers' appeal rejected
young women convicted of importing and conspiring to import $42,000 worth of cocaine.
The court said it could not see any exceptional circumstances to warrant reducing the seven-year jail terms of 19-year-old Robin Elizabeth Young or 22-year-old Jacqueline Andrea Martells, sentenced last October.
The Hon. Mr. Justice Harvey da Costa, acting president, said the court "found it impossible to interfere'' with Puisne Judge the Hon. Mrs. Justice Wade's sentencing.
"It is a very sad case, but the deterrent element must be made manifest to people, particularly young people,'' he said. Prison sentences must show "they should not risk incarceration when offered quick gains''.
Young was apprehended shortly after arriving at the Airport on February 9, 1991. Her luggage contained two bags of cocaine.
Martells, a New York-based Jamaican on the same flight, was later linked with Young and two alleged conspirators in the case. She was described as Young's "eyes and ears''.
Martell's lawyer, Mr. Richard Hector, said his client was enticed by $1,000 to come to Bermuda and take money back to the United States. He referred to testimony that she knew the people involved in the conspiracy and that she "had a feeling'' drugs were being smuggled.
"Anyone looking at the whole scene would have to say she had to be a part of it,'' he said.
Mr. Hector added that the range of jail terms for similar offences was eight to 14 years "so you can say Miss Martells had the benefit of lenience''.
Nevertheless, the lawyer argued that Martells was young and with no previous criminal convictions. He said she was lured by the idea of a holiday in Bermuda.
He referred to the Tumim Report and noted the Island's growing emphasis on rehabilitation of criminals as opposed to incarceration.
The court, he said, should give her the chance for rehabilitation.
Mr. da Costa suggested that by granting mercy the court might be "playing into the hands of the evil distributors of drugs'', who select as couriers people who do not normally come before the courts.
Mr. Archie Warner, representing Young, said the court should consider her age -- 18 at the time of the offence -- as an exceptional circumstance.
While the 22-year-old Martells could be said to be of the age of majority at the time of the offence, Young was not.
"Don't you have the vote at 18 here?'' asked Mr. da Costa.
"Yes, but only recently,'' Mr. Warner replied.
In arguing other circumstances, Mr. Warner said Young always maintained she did not know the drugs were in her bag.
Mr. Justice Huggins interrupted to say that the "jury found that she did know ... We can't go behind the jury.'' Mr. Warner continued, saying Young was betrayed by the two main pillars in her life -- her "auntie'' Shirleen Phillips and an American known only as Tony.
Both were involved in the conspiracy.
Mr. Warner said the pair exerted a form of "parental duress'' over Young which resulted in her being "misguided''. Mr. Justice Henry questioned that line of argument saying the exercise of duress over Young could not be reconciled with the statement that she did not know the drugs were in the bag.
Mr. Warner said Young did not stand to gain financially from the deal. The statement was later contradicted by Crown counsel Mr. Brian Calhoun, who referred to recorded testimony of a witness who twice said Young knew "she could make a lot of money'' from it.
Mr. Calhoun said there were no special circumstances in the case whatsoever.
The women's ages and unfortunate backgrounds were precisely what international drug dealers were looking for.
"International drug trafficking is made possible by young couriers,'' he said. "So not only is this not unusual or exceptional, it is the norm.'' Mr. da Costa described the case as sad and that the court was disposed to give unfortunate people the benefit of the doubt.
But he said the two women were convicted on "very clear evidence. The judge imposed a sentence which in no way can be considered harsh. It is below the normal range.''
