US man could escape jail for importing coke worth $28,000 -- Magistrate hints
Acting Senior Magistrate Edward King yesterday hinted he could impose a heavy fine on an American man who admitted importing $28,000 worth of cocaine.
The sentence -- which The Royal Gazette understands has not often held up in superior courts -- could see Yusef Sharif Phillips of Columbia, South Carolina, get a suspended prison term and be able to leave the Island 13 days after arriving.
Phillips' parents solemnly indicated they could pay the maximum fine for importation, $10,000, by Friday -- a response that appeared to please Mr.
King.
The 27-year-old had just pleaded guilty to importing 279.5 grams of cocaine hydrochloride in 10 tubes of toothpaste last week.
After silently deliberating -- amid much gesturing, grimacing and smiling -- for more than 15 minutes, Mr. King told the court: "The penalty for such an offence must not only be punitive but also a deterrent to others.
"I take into account your guilty plea, but I can't overlook the gravity of the offence,'' he continued. "It's an offence where right thinking people believe in a zero tolerance policy.'' Mr. King continued that he had listened carefully to Phillips' father who was desperate not to have his son in a foreign jail.
But he said a prison sentence was warranted and delayed sentencing until Friday.
Mr. King added: "Now everybody is guessing what I'm going to do. They (Parliament) say he can be fined and confined for this. It's in the law.
"I could do that but I'm going to make up my mind on Friday. I'm not saying I'm going to do that but, if he can get the money, with a suspended sentence maybe he can go home.'' After Phillips was taken away by prison officers and his parents and lawyer Richard Horseman had left the room, Mr. King said: "I'm not saying that's what I'll do.
"But how much is it at Westgate, $44,000 a year? See how much money the taxpayer pays? If you get him out of here, he's gone.'' Crown counsel Oonagh Goodred told Mr. King that Phillips arrived on a commercial airliner from Charlotte, North Carolina, at about 3 p.m. on June 11.
He cleared Immigration and his luggage was searched by a Customs Officer who found 15 tubes of Aqua Fresh toothpaste, five tubes of Colgate, and "numerous'' bars of soap.
Phillips told the officer he was bringing the toiletries for a Bermudian friend who was attending school in Columbia.
It is not known if he named the Bermudian student.
Phillips was to wait outside the Airport for a telephone call from a person who would collect him.
Ms Goodred said "close examination'' found ten of the Aqua Fresh tubes had suspicious foreign objects in them.
Phillips was X-rayed at King Edward VII Memorial Hospital but no further drugs were found.
The cocaine was found to be 25 percent pure powder cocaine. Ms Goodred asked for the maximum prison sentence a Magistrate can give a drug importer -- five years.
If sold on the streets in the usual 32 milligram amounts for $125, the drug could net $28,375.
Phillips' father, Joe, his eyes puffy and red from crying, said his son had never caused him trouble but had gotten involved with the "wrong company''.
"I'd like to extend my apologies to the Island of Bermuda for my son's mistake,'' he continued. "I'm very sorry for this, but I wish for you to be very lenient.
"I've tried to teach him right from wrong but you can't be around your children all the time. I never really had a problem with him. He's been a godsend for me and his mother. I'm so sorry.'' Phillips himself had nothing to say to the court other than "guilty'' and sat most of the time with his head bowed low.
Shocked: American Yusef Sharif Phillips of Columbia, South Carolina will be sentenced on Friday for importing cocaine last week.
