Crown loses Ming appeal
smuggling convictions came to an end yesterday.
The judicial committee of the Privy Council in London refused leave to appeal the ruling, which freed lead singer of the Bermuda Strollers, Mr. Ted Ming, and Mr. Colin Smith from 20-year prison sentences.
"It's been a long hard fight as far as the legal process is concerned,'' said Ming's lawyer, Mr. John Perry, QC. "That's the end of the road. their freedom has been conclusively determined by the highest court in the judicial system.'' Mr. Perry said written submissions were presented to the Council to give an indication of what the arguments would be.
He said senior Crown counsel Mr. Barrie Meade first spoke to the Council.
"Under ordinary circumstances we would be asked to reply,'' he said. "But we didn't have to make any oral submissions. They just said something to the effect that `the judicial committee of the Privy Council has today refused leave to the Crown. Their Lordships humbly advises Her Majesty that leave is dismissed.' The result is Ted Ming and Colin Smith are at the end of the legal process.
"If they had succeeded, the court would have granted leave and some time in the future, we would have gone back and had the full appeal.'' Mr. Ming and Mr. Smith, along with Larry Ebbin and Dexter Dillas, were sentenced to 20-year sentences after a Supreme Court jury found them guilty last May of importing three kilos of cocaine with Americans Antonio Miranda and Angela Trepasso between May 11 and 20, 1990 and conspiring to import the drug between October 1, 1988 and May 20, 1990.
In March, the Appeals Court freed Ming and Smith after it ruled: "There may be suspicion that they were trafficking in drugs but this was not a charge which they faced. The prosecution chose to present charges of importation and of conspiracy to import and the evidence led does not support those charges.'' The convictions of Dillas and Ebbin were also quashed by the Court of Appeal but in their case, retrials were ordered.
Yesterday, Attorney General Mr. Walter Maddocks said he was "obviously disappointed'' with the refusal but the Crown would continue with plans to re-try Dillas and Ebbin.
Mr. Smith was represented by Mr. Delroy Duncan.
