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`Naive' drug mule jailed

A Jamaican drug mule, who imported over $45,000 worth of cannabis resin into the Island in the soles of his shoes, will spend the next three years in Westgate Correctional Facility.

Burchfield Donaldson, 25, was found guilty after a trial by Acting Magistrate Justin Williams who noting that he either knew, suspected or had reason to suspect the drugs were concealed in his shoes Donaldson was arrested after coming through the Bermuda International Airport on August 5 with 459 grams of the substance sewn into the soles of his shoes.

The court heard that if sold on the street in $50 half gram blocks, the resin would have netted the dealer, $45,900.

Throughout the trial, Donaldson maintained he was an unwitting pawn by his friend "Dock", who he admitted was a marijuana farmer in Jamaica. He said Dock had paid for him to come to Bermuda to collect and unspecified amount of cash from an unidentified person here.

Donaldson alleged Dock had brought him the shoes, because he could not afford them adding that Dock kept them for several days before returning them to him. However in delivering his judgment, Mr. Williams said he found it hard to believe that the defendant was "oblivious" that there was no illegal activity involved, armed with the knowledge that Dock was a marijuana farmer.

He also pointed out that Donaldson admitted he knew there was a money transfer system in place in Jamaica, so it would have made sense for Dock to make arrangement to have the funds wired from Bermuda to Jamaica.

"Why travel 2,000 miles to collect cash?" Mr. Williams asked. "I do not believe the defendant was so naive. I do not believe that the defendant did not know there was an ulterior motive with the shoes."

Meanwhile, Crown counsel Juan Wolffe, said a sentence of four years should be handed down to Donaldson, pointing out that the maximum sentence is five years, a $10,000 fine or both.

However, Donaldson's lawyer, Patrick Doherty said that his client was an "unsophisticated drug mule", who came from poor beginnings.

He also argued that Donaldson has been on lock down since last August without the same privileges given to other prisoners. And he asked that a two-year sentence be handed down, because the marijuana was not as serious as harder drugs such as cocaine or heroin.

"It's important to note that when someone is on remand they are in a cell for 23 hours a day, seven days a week and only have an hour a day to do any kind of social activity," he said. "Being on remand is definitely seen as harder time."

"He's done this, perhaps because he was driven by poverty. He appears to be unsophisticated, what we would call a mule. The nature of the drug involved - marijuana - is the most benign. It is habit forming, but it's not an addictive drug like heroin or cocaine - I would suggest a lower sentence range would be appropriate."

Mr. Williams said: "I find that the defendant was in possession of the substance.

"He well knew the subject of Dock's business was to farm marijuana. I conclude he must have had knowledge there was marijuana in his shoes - therefore I convict the defendant. I pass a sentence of three years, with time on remand taken into consideration."