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Drugs conspirator jailed for four years

In light of his subordinate role in the drugs conspiracy with well known powerboat racer Kirk Roberts, Vincentian Alphonso Holder was sentenced to four years imprisonment yesterday.

Supreme Court Justice Norma Wade Miller said that while it was a serious case of conspiracy, she took into account that the role Holder played was not of the highest in the hierarchy.

"One thing is certain though - his role was subordinate," she said after Crown counsel Shade Subair and defence lawyer Patrick Doherty debated the particulars of Holder's involvement.

The 14-day conspiracy trial, which ended last week, culminated in both men being found guilty of conspiring with others not before the court to import 200 pounds of cannabis to Bermuda between a date unknown and December 2000.

But because the 44-year-old unmarried father of two was a "watchdog" for the suppliers in the conspiracy, he received a four year sentence with the time spent in prison to be taken in to consideration. Mrs. Justice Wade-Miller said the maximum sentence for conspiracy is life imprisonment.

Mr. Doherty stressed that Holder was a simple, humble man who was much less sophisticated than the other players in the conspiracy ring.

"He's obviously not a sophisticated individual, he doesn't have a great deal of money, there is no evidence he has any contacts whatsoever in Bermuda and in fact in the Crown's case is that Roberts was the main conspirator," he said.

He also noted that Roberts did not even know of his client's existence until the last minute.

"I think that attests to the extremely minor role he played between Golembeck and Roberts so when you look at the degree of responsibility I would say it's certainly on the lower end of the scale in this case," Mr. Doherty said.

Mr. Doherty also stressed that a sentence must be proportionate to the magnitude of the offence and the responsibility of the offender for the offence.

"I will submit to you that Mr. Holder's role in this was of a very minor nature," he said.

In response to Crown submissions that the community needed to be protected from the offender, Mr. Doherty said that did not apply to his client as that need applies to people at high risk of re-offending in the community.

"There is no one that wants to leave Bermuda more than Mr. Holder. He's not going to have further involvement with Bermuda," he said.

He also said that in terms of deterring other possible offenders there was a message out there that if someone offends he is likely to be jailed with no communication with family. Holder has spent 19 months on 23-hour lockdown in remand with little communication with his family in St. Vincent.

While stating that all offenders should be treated equally despite whether they are foreigners or locals, Mr. Doherty requested that his client's personal circumstances be taken into consideration when Mrs. Justice Wade-Miller determined the sentence.

However, she claimed that would be misplaced sympathy since, when people are involved in international drug trafficking, they become subject to to whatever consequences they find when they reach their destination.

Mr. Doherty asked that the range of imprisonment start at three years given Holder's involvement and personal circumstances rather than the four to six year range suggested by Ms Subair . He also asked that the absence of a guilty plea not be taken as an aggravating circumstance.