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Bermuda trio jailed for $13m drug deal

Three Bermudians have been jailed for more than three years in Puerto Rico after being caught with more than $13 million worth of cannabis on their yacht.Shawn Simmons, Raymont Francis and Antoine Russell were caught red-handed with 16 bales of marijuana and a brick of hashish on their Bermuda-registered sailboat Phantasea, on December 1, 2010. They were each sentenced to 37 months in jail earlier this week, after admitting to plotting to import the drugs and striking a plea agreement with prosecutors.According to Special Agent Roxana Pulido of the Department of Justice, the US Coast Guard Cutter Dauntless spotted the 34-foot sailboat in international waters in the Mona Passage, the strait between Puerto Rico and Hispaniola. The coast guard was patrolling the area, which is known as “an area prominently utilised as a drug trafficking route”, according to Ms Pulido.The coast guard vessel lit Phantasea with a spotlight and hailed it, causing it to immediately change course. The Dauntless then intercepted the vessel and boarded it after receiving permission to do so from Governor Sir Richard Gozney. Ms Pulido said Simmons, 39, from Warwick, was captain of the ship, and refused to let the USCG on board, claiming they did not have authority.They were eventually allowed onto the vessel after proving they had permission, and found co-pilot Francis, 38, from Devonshire, and the ship's engineer, Russell on board.The USCG team then located the drugs which were in “plain view”, according to Ms Pulido.The 16 bales of marijuana weighed 30 kilograms, or 705 pounds, which is a third of a ton. Ms Pulido added: “During the boarding, Shawn Simmons asked what would happen to him and his crew, to which one of the boarding officers answered that it was up to the Government of Bermuda.“Simmons responded ‘what do you think my Government is going to do when you tell them we're trying to smuggle weed into the United States?'.”Ms Pulido added that while the drugs were being tested, Simmons and Russell asked “if it was good weed”.The trio were taken into custody and the Bermuda Government waived jurisdiction over the case to the United States, although the Bermuda Police believe the drugs were ultimately destined for Bermuda.The men were taken to the US island of Puerto Rico and charged in the US District Court there. They've remained in custody since, and entered guilty pleas on March 23. They were sentenced on Tuesday.According to court documents, each man had agreed with prosecutors that he should receive 60 months in jail; the statutory minimum term out of a maximum of 40 years.However, they got less than the minimum term in the end. According to Lymarie Llovet Ayala of the US Attorney's Office in Puerto Rico: “Timely and complete acceptance of responsibility allowed for a sentence below the statutory minimum.”The men will be subjected to a four-year supervisory term upon their release from prison. The Royal Gazette understands they are likely to be deported from Puerto Rico.Ms Ayala said: “The law requires imposition of a term of supervised release to follow any sentence of imprisonment of over one year.“If deported or once deported, the term will remain in place and will be enforceable if defendant re-enters the United States anytime during the supervision time.”The second charge the trio faced, of possessing the drugs, was dismissed. Each man has agreed to forfeit all monies, properties and proceeds from the offence and any property used to commit it. That indicates Phantasea will have to be surrendered to the US authorities.A Bermuda Police spokesman said after the vessel was intercepted that it was a joint operation between Bermuda Maritime Operation Centre, customs and police from Bermuda and law enforcement agencies in the US.He explained the drugs were estimated to be worth in excess of $13 million if sold on the streets of Bermuda.