Lawyer invited to share how drug smuggler’s lies affected him
A drug smuggler had his sentencing postponed yesterday to let his former legal counsel share if the man’s “demonstrable lies” had damaged his reputation and affected his business.
Puisne Judge Juan Wolffe pointed out that Alexta Gill made “numerous” claims during his trial that Bruce Swan, the lawyer who assisted him during his arrest, told him to lie during his police interview.
Mr Justice Wolffe said that these claims were publicised through media coverage of the Supreme Court trial and may have negatively impacted Mr Swan’s business.
He added that, while lies could not be treated as an aggravating factor in sentencing, placing blame on others that resulted in “actual suffering” could be.
Mr Justice Wolffe said: “I think we all can conclude that, for a member of the Bermuda Bar, reputation is all that we have.”
Gill, a Guyanese national from Canada, was convicted over the summer of importing $676,736 of cannabis and liquid cocaine into Bermuda on March 4, 2023 after flying to the island from Toronto.
He was initially tried for the offences in July 2024, but the trial was aborted after a Covid-19 outbreak among the jurors.
A second trial took place this year, with ended in August with a unanimous guilty verdict.
The court heard during his trial that, in his first interview with police, Gill denied knowing about the drugs discovered in his suitcase.
However, he backtracked during his second interview and claimed someone named “Andre” had been threatening his life over unpaid debts.
He told the officers that, in response to the threats, he agreed to bring a suitcase with him to Bermuda.
However, Gill later told the jury that the story was a lie and that Mr Swan had instructed him to tell it so that he could be released from custody.
Mr Justice Wolffe later rejected these claims, describing it as “unbelievable” that any criminal defence lawyer would advise their client to lie in exchange for police bail.
The judge told the court yesterday that he wanted to give Mr Swan a chance to share in an affidavit how these claims had impacted him, if at all.
He emphasised that this was not a court order and that Mr Swan would not be penalised if he was unable to give an affidavit at the request of the Crown.
Nicole Smith, for the defence, warned that finding evidence that her client’s comments impacted Mr Swan’s business could be a “very hard standard” for him to meet.
The court heard that Gill arrived in Bermuda on March 2, 2023, with another person, but that his suitcase did not arrive in Bermuda until March 4.
Customs officers inspected the bag and discovered $473,630 worth of cannabis wrapped in six packages, as well as $203,100 worth of liquid cocaine in a Johnnie Walker whisky bottle.
During a sentencing hearing in September, Khadija Beddeau, for the Crown, recommended Gill serve 12 to 14 years imprisonment for count one and eight to 12 years for count two, to run concurrently.
She argued that the importation was carried out with a “high degree of planning” and that Gill was “solely to blame”.
However, Ms Smith argued that his lack of a criminal record and remorse should be taken into consideration.
Mr Justice Wolffe adjourned the case until October 26 and remanded Gill in custody.
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