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‘Vulnerable’ smuggler jailed after guilty plea

A Brooklyn man was sentenced to six years behind bars after he admitted smuggling cannabis into the island after his Supreme Court trial had already begun.

Cadell Smith, 26, had denied allegations that he imported 22 kilograms of cannabis into Bermuda in a pair of suitcases on November 7, 2024, and possessing the drugs with intent to supply.

His trial started last week and was scheduled to resume yesterday morning, but Smith instead pleaded guilty to the importation offence, with the Crown offering no evidence on the drug possession charge.

Puisne Judge Alan Richards said that while the offence would usually carry a sentence of 12 years after a trial, a report had identified that Smith suffered from cognitive issues which left him vulnerable to exploitation.

Mr Justice Richards added that Smith was clearly not the mastermind of the importation plot, which appeared doomed to fail.

“Travelling as you were with a significant quantity of cannabis that had not even been concealed in your luggage, it’s hardly surprising that you were detected,” he said.

Last week, the court heard that Smith arrived on the island on the evening of November 7, 2024 on a flight from Miami and was selected for a secondary search after he was seen repeatedly looking at the customs officers while at the baggage claim.

While nothing of note was discovered in his carry-on bag, a customs officer noticed the smell of cannabis as soon as the defendant put his first suitcase on the desk to be searched and found a series of heat sealed packages almost immediately after it was opened.

Inside his two checked suitcases, the officer found 25 packages, which were later found to contain about 22 kilograms of cannabis, 25.58 grams of cannabis resin and vapes containing four millilitres of fluid.

The court heard that the cannabis could fetch between $312,000 and $2 million on the streets of Bermuda depending on how it was sold, while the resin and vapes could sell for $18,000 and $800 respectively.

Susan Mulligan, for Smith, said after his guilty plea that the defendant had been a talented electrician until March 2024 when he was injured in a traffic collision caused by someone else driving a stolen vehicle.

She said that in the wake of the incident, Smith had suffered lingering cognitive issues which had impacted his decision-making abilities.

Ms Mulligan said that someone else had paid for Smith’s trip to Bermuda and theorised that the same individual was responsible for convincing him to bring drugs to the island.

“He was himself a victim of a crime and now he finds himself on the other end of things facing a significant period in custody,” she said.

Ms Mulligan expressed concern that if Smith did not receive support while incarcerated, he might suffer from further mental decline.

She argued that in all of the circumstances a six-year sentence with time already served taken into account would be appropriate, noting that Smith would not be eligible for parole because he was not a Bermuda resident.

Karim Nelson, for the Crown, said a psychological report showed the collision had harmed Smith’s decision-making ability and that it would not be unreasonable to consider him a vulnerable person.

He added that Smith’s condition could explain how he could be persuaded to transport drugs despite his previous good character.

Mr Nelson said that the plot was “foolish” with no apparent effort to hide the packages of cannabis within the suitcases.

Mr Justice Richards added: “It was almost inevitable that he was going to be found out.”

Delivering his sentence, the judge said that despite the Crown offering no evidence on the second count, it was obvious based on the quantity that the drugs Smith brought to the island were not for his personal use.

“It is also obvious that you are not the mastermind of this importation,” Mr Justice Richards said.

“You must have come under the influence of someone else, though there is no evidence before me from which I could possibly say who that was.”

Given the unique circumstances, Mr Justice Richards said he would grant Smith a full discount for his guilty plea, despite it coming in the midst of his trial, and deliver a sentence shorter than would otherwise be applicable given the quantity of drugs seized.

He jailed Smith for a period of six years, with the time already served taken into account.

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