Three years for cannabis
importing $110,000 worth of cannabis.
Father of three, Michael Ray Kelley, of Factory Lane, Pembroke, pleaded guilty in Magistrates' Court yesterday to importing cannabis on March 23.
Kelley also pleaded guilty to possessing it with intent to supply, but Police prosecutor Sgt. Philip Taylor offered no evidence on the charge.
Kelley admitted to arriving at Bermuda International Airport at 4.30 p.m. on a flight from Atlanta, Georgia.
Senior Magistrate Will Francis heard that Customs officers and the Police canine unit began a search of the airplane after passengers had disembarked.
Their attention was brought to seat 28.
Police prosecutor Sgt. Phil Taylor said inquiries were made and Kelley was taken to an examination counter in the Arrivals Hall where he was asked if he had anything to declare.
Kelley, a 44-year-old painter, told the Customs officer that he had nothing to declare. But a bulge at his waist was noted under his coat and he was taken to a search room.
Kelley was found wearing a homemade waist pouch with four pockets and a zip-lock plastic bag was in his trench coat pocket.
Sgt. Taylor said officers asked Kelley about the contents of the pouch and plastic bag and he replied, "plant material''.
Police narcotics officers were called and Kelley was arrested. After being cautioned he would only say: "It's plant material. I have no comment.'' Sgt. Taylor added that Kelley was interviewed the next day and told Police he bought the cannabis in Detroit, Michigan for $6,700.
He also said he intended to sell it in Bermuda at a profit which he called "capital appreciation''.
Sgt. Taylor said the homemade pouch was found to contain 2,130 grams of cannabis and the plastic bag contained 73 grams, totalling 2,203 grams.
He added that in Bermuda cannabis is sold in small pay type envelopes containing half gram doses for $25.
"The total street value would be $110,150,'' Sgt. Taylor added.
He also noted the maximum sentence for that type of offence is five years.
"It's very close to being an indictable offence and I recommend at least three years in a custodial sentence,'' Sgt. Taylor told Mr. Francis.
Kelley's lawyer, Marc Telemaque, told Mr. Francis there were four "salient'' facts about the case.
He said Kelley had no previous convictions, he had pleaded guilty, and had ultimately cooperated with the Police.
Mr. Telemaque said there was a relative lack of sophistication in the offence.
"This is quite clearly a one-off occasion, your Worship,'' he added.
"Yes, I would suppose the officers would have smelled the marijuana even before the dogs,'' Mr. Francis replied to laughter in the courtroom.
"This is a married man with children who sought to get money without thinking,'' Mr. Telemaque said. "He made what amounts to a wrong choice.''