Lawyer's TV appearance was `improper
been jailed for seven years.
Despite appeals from their lawyers for non-custodial sentences, Puisne Judge the Hon. Mrs Justice Wade sentenced Bermudian Robin Young and Jacqueline Martells, of New York, to be imprisoned until their late 20s.
Young, 19, of Boundary Terrace, Devonshire, was found guilty of importation of a controlled drug, conspiracy to import and possession. Martells, 22, of Brooklyn, was found guilty of importation and conspiracy.
Mrs. Justice Wade told the pair: "I derive no pleasure from handing down these sentences because of your ages but my hands are tied.'' The cocaine had been found hidden in Young's bag at the Civil Air Terminal on Sunday, February 9. She claimed she had been to New York to collect materials for her "Auntie,'' Shirleen Phillips. Martells was on the same plane and was sent to collect money from Phillips and send it back to the US.
The month-long Supreme Court case, which was scheduled to last for a week, continued to be riddled with arguments between defence and prosecution yesterday.
Prosecuting, Crown Counsel Mr. Brian Calhoun blasted defence counsel Mr.
Archie Warner for comments he made to a television station before the court adjourned two weeks ago.
Mr. Calhoun said: "Mr. Warner, in a media blitz, told the people of Bermuda what positions this court should be taking. He informed us all that there should be a non-custodial sentence. I found it outrageous and inappropriate.'' And the judge was also annoyed with Mr. Warner's TV appearance, and his claims that evidence had been kept from the court. Mrs. Justice Wade said: "It was improper. No public pressure should be put on the court.
"As to the question of oppressive prosecution, it certainly gave the impression that certain evidence had been hidden from the court.'' Mr. Calhoun also attacked Young's breakdown in court two weeks ago. The Crown Counsel said: "I recall Miss Young indicating that she did not think it was fair and Shirleen Phillips should have been here.
"The Crown takes no issue that Shirleen Phillips should have been here if Miss Young had told the truth in the first place. The problem is simply that in protecting herself Robin Young thereby protects the person up the ladder.
"By lying and saying no conspiracy, or agreement had taken place between her and Shirleen Phillips, she thereby protects Shirleen Phillips.'' Mr. Calhoun presented previous cases and reports which said that age and previous convictions should not be taken into consideration when sentencing against serious international drug trafficking.
But both Mr. Warner and Martells' lawyer, Mr. Khamisi Tokunbo, asked Mrs.
Justice Ward to consider both matters. Neither woman had any previous convictions.
Mr. Warner said: "Robin Young's background has not been easy. She was unhappy and she gravitated towards Shirleen Phillips. The relationship was one of undue influence, extreme closeness and trust. It turned out to be ill-founded trust.
"The defendant's mother was immensely upset by the predicament her daughter had got into. She took gravely ill and gave up the will to live and she died.
This is a substantial punishment in itself.'' Asking for a non-custodial sentence, Mr. Warner said: "A substantial custodial sentence will only destroy Miss Young. She feels lonely but prison will only isolate her more.'' Mr. Tokunbo pointed out that Martells had not been a major role in the conspiracy and he said since she was arrested, despite denying her guilt, she had shown her remorse.
He said that Martells had become prey to "a certain kind of wolves'' who were more experienced than her. He said that vulnerable people like his client should not get harsh sentences because they have been used by people who deserve the stiffer sentences.
Both Young and Martells were allowed to speak to the court and apologised to their families while still maintaining their innocence.
Martells said: "I think justice was not served in this case. The only lie I told was when I told my mother that I was going to Jamaica instead of Bermuda.'' Mr. Tokunbo said that he agreed with Mr. Warner that current trends pointed to the two women being given non-custodial sentences.
Mrs. Justice Wade said that she was forced to follow guidelines to give the sentence of seven years to each woman. She asked that their time spent in custody be taken into consideration.
