Thursday, April 25, 2024

Up to DPP


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Lawyer: Show us the evidence

is out on bail. (FP)


THE DIRECTOR OF Public Prosecutions has been asked to decide if there is enough evidence to send the former chairman of Goddard Enterprises Ltd (GEL), one of his former directors and a sailor to trial, for attempting to smuggle just over $1/2 million worth of cannabis into Barbados on board a GEL yacht last year.

The development came as Queen’s Counsel Andrew Pilgrim, who is representing Arthur Charles Herbert, the former GEL chairman and head of the Barbados Private Sector Association, and former GEL director Christopher Glenn Rogers, queried where was the evidence linking his clients to the charge.

Herbert, 63, of Redland Plantation, St George, and Rogers, 57, of No. 27, York Road, Navy Gardens, Christ Church, along with 55-year-old Walter O’Neal Prescod, a sailor, of No. 107, Emerald Park East, St Philip, were back in District “A” Magistrates’ Court yesterday. They are facing charges of importation, possession, possession with intent to supply and trafficking in 267.4 pounds of cannabis worth $534 160, on July 23, 2018. The drugs were allegedly found on board the GEL yacht Ecstasy.

Prosecutor, Assistant Superintendent Trevor Blackman, said: “In relation to the matter, in going forward, I have requested a directive from the Director of Public Prosecutions . . . . Hence I have sent our file to the Director, so I am awaiting a response from her in relation to this matter.”

Pilgrim had earlier asked the Crown to show where, in the file, did the statements point to his clients having knowledge or control of the drugs.

“It may be a starting point to invite the Crown to indicate what their case is, or a simple position to say that parties, other than us in statements disclosed to us, point to this case happening in one particular way which does not involve us,” he said.

‘Misplaced’ matter

Pilgrim revealed he had written to the clerk of the court, as well as to the Commissioner of Police, on the matter.

“Our position is that this file does not disclose any case against our clients at all. Our position is if the Crown is of the view that there is some aspect of this evidence which discloses a case, we urge them to come with it first and foremost. Or if the court is of the view that there is some aspect of the evidence that touches and concerns our clients and implies some sort of either knowledge, control or possession of its own motion, we invite the court to point us in that direction,” he said.

However, Magistrate Douglas Frederick told Pilgrim his matter was “misplaced” since co-accused Prescod, to whose statement Pilgrim was referring, had changed his attorney and “new counsel may be able to instruct him differently”.

Prescod was previously represented by Shadia Simpson and Arthur Holder, but Simpson withdrew on Holder’s behalf and Prescod is now being represented by attorney Verla De Peiza.

The matter was adjourned until June 19.

Herbert and Rogers each remain on $400 000 bail. Prescod is also out on bail.

WALTER PRESCOD, who initially could not find a surety and had been remanded to HMP Dodds,

CHARLES HERBERT (left) and Christopher Rogers leaving court yesterday.

(Picture by Xtra Vision Photography.)

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