Williams jailed for four years
Graham Thomas were sent to prison for a total of eight and a half years yesterday.
Williams, 43, of Harbour Road, Paget, breathed a heavy sigh and shook his head as Pusine Judge the Hon. Mrs. Justice Wade sent him to prison for four years.
His lawyer Mr. Alan Dunch told The Royal Gazette that it was highly probable that there will be an appeal against the sentence.
"At this stage I wish to consider the whole of what has happened and speak with my client and take some instructions,'' he said.
"I think things went miserably. I am extremely disappointed in the verdict. I have certain views about the Judge's summing up which makes me want to study the transcript of her summation with a view to seeing whether or not my views ought properly to be canvassed before the Court of Appeal.
"As to the sentence I was frankly shocked and outraged. I find it very difficult to understand how Williams received six months less than Thomas in circumstances where the Crown accepted that Williams did not participate in the venture or profit from it.'' On Tuesday a Supreme Court jury found Williams, who owns Williams Trading Company, guilty of permitting Thomas to use his basement to grown 75 mature cannabis plants using highly technical hydroponics equipment.
Police officers raided his home on January 17, 1994 and found the plants inside an inner section of the basement that was separated from the outer portion by a wooden partition.
Inside they found a plant nursery complete with thermometers, transformers, powerful lights, fans and timers.
Thomas admitted that he set up the operation and intended to sell the cannabis for $500 an ounce and use the proceeds to begin a business called Thomas Aluminum Products Ltd.
He was sentenced to four and a half years in jail.
In both cases Crown counsel Mr. Khamisi Tokunbo said a sentence at the upper end of a four to six year range was acceptable although the maximum sentence the law allows is life in prison.
Thomas' lawyer Mr. Mark Pettingill said the entire case against his client had been blown out of proportion.
"I'm not trying to ameliorate the serious circumstances,'' he said. "Thomas accepts responsibility for his wrong doing.
"But this case has drawn considerable public attention due to who these people are.'' However Mrs. Justice Wade rejected his charges and said: "Headlines won't assist me. What I need is the factual matrix. I cannot muzzle the press. All I can do is look at the factual matrix and the mitigating factors and exercise my discretion within those facts.'' Mr. Pettingill said there was an extreme window when it came to sentences and the court should consider that Thomas had no prior criminal record and had pleaded guilty and assisted the Police.
"Thomas admitted his marijuana use and he read about (how to cultivate cannabis plants) and decided to try a Frankenstein type of operation.'' Williams may appeal sentence Mr. Dunch representing Williams said:"I have a sickening feeling in my stomach which has increased in leaps and bounds. It was generated because these two defendants may be being singled out and treated more harshly then would be the case if they were someone else.'' He said that the Crown's suggestion that Williams also be sentenced within the upper end of a four to six year range was inconsistent with all other prior cases and rulings from the Bermuda Court of Appeal.
Mr. Dunch said the courts must draw a distinction between those who actively cultivate and distribute cannabis and those who permit other people to use their homes for such activity.
He said the Crown had not proved that Williams benefited financially or helped Williams to cultivate the 75 cannabis plants.
Moreover he said Williams' standing in the community -- he is a member of the Paget Parish Council, Royal Hamilton Amateur Dinghy Club, the Royal Bermuda Yacht Club, the Chamber of Commerce and a member of the Paget East Branch of the United Bermuda Party -- meant that he has suffered more from the proceedings.
"The social stigma on a first offender who is punished involves a wide variety of things,'' he added.
"The loss of reputation, the humiliation and embarrassment should not be lost sight of as well as the 20 months of anguish while he was waiting for this to end.
"What is appropriate for (Williams) comes from the circumstances juxtaposed with the needs of society. There is a far cry between someone who is convicted because he turned a blind eye and someone on the street who is pedalling, pushing, growing, distributing or importing (illegal drugs).
"I doubt whether imprisonment is the appropriate punishment.'' Nevertheless, Mrs. Justice Wade said it was clear the jury accepted the Crown's version of events.
However, she said Parliament viewed seriously anyone who knowingly allows another person to use his home to grow cannabis. Consequently they have set a maximum sentence of life in prison for such offenders.
"This is serious and needs a clear deterrent,'' she told Williams before passing sentence.
She then sent him to prison for four years.
