NOT EVEN THE spirited pleas by two Queen’s Counsel could save Canadians Barry and Barbara Dueck from being remanded to HMP Dodds yesterday, after they appeared before the District “A” Magistrates’ Court on theft and money laundering charges worth nearly BDS$10 million.
Alair Shepherd, QC, and Leslie Haynes, QC, representing Barry and Barbara respectively, separately argued to counter prosecutor Sergeant Ensley Grainger’s six major points objecting to bail for the accused.
But they failed to impress magistrate Deborah Holder, who remanded the pair until Tuesday. Then, they will appear before the District “E” Magistrates’ Court.
The couple, of Coral Cliff, Maynards, St Peter, were jointly charged with engaging in money laundering, in that they disposed of US$2 838 358 (BDS$5 676 716) being the proceeds of crime, to wit, theft of money belonging to Jean Delangis of 411 St Peter’s Bay, Road View, St Peter.
They were also jointly charged that between March 27, 2006 and June 6, this year, they stole US$2 094 939 (BDS$4 189 878) belonging to Robert Richardson of 10 Forest Hills, Royal Westmoreland, St James.
And that between March 27, 2006 and June 6, this year, they engaged in money laundering in that they disposed of US$2 094 939 being the proceeds of crime: to wit theft of money.
Barry, 63, was charged separately that between January 18, 2013 and June 5, this year, he stole US$2 838 358 belonging to Delangis.
He was also charged with “not being an authorised foreign exchange dealer did acts which were preparatory to buying and selling foreign currency to wit United States currency to people unknown outside of Barbados without the permission of the exchange control authority of the Central Bank of Barbados”.
Barry, who was described by police as a trader, was charged too with carrying on an international financial service when he was not licensed to do so by the Central Bank. Additionally he was charged that he held himself out as a trader in securities without being registered with the Financial Services Commission.
According to the charges, the couple, who have been resident here for the last 12 years, have been involved in trading locally without licence or registration to do so. Over a period of time, they would have received the above-mentioned money from foreign nationals residing here, purporting to be investing the money. The returns from the investments never materialised and as a result two individuals who paid their money reported the matters to the police, and the two were charged.
Grainger objected to bail saying there were a proliferation of offences and cited their seriousness. He said two others were being sought in relation to the charges and feared if the Duecks were released, they would hamper the progress of the investigation.
The sergeant added that the accused were Canadian nationals and feared if they were granted bail, they would abscond, noting that the penalty for the pair, if convicted, would be lengthy terms in prison.
Shepherd countered by saying that Barry acted as a financial advisor and had sought legal advice to do so. He was therefore proceeding on the basis that he was acting within the law, and has a deep-seated intention to clear his name.
The QC, who appeared in association with Dawn Williams, said the matter arose out of a dispute with two former clients. The situation had turned bitter and Barry feared the accusations were an attempt to smear his name. Besides there was no evidence to show how he was capable of interfering with the investigations.
Shepherd further argued that Barry had already surrendered his passport, and had two noted Barbadians waiting to sign as sureties.
In his plea, Haynes said the police went to the couple’s home last Thursday and took away computers, “flash drives, disks, everything” so he could not understand how Barbara, 59, could possibly interfere with the investigation.
Noting her passport was already in police custody and that two outstanding members of the Barbadian community were willing to “put their necks on the block” to sign bail, Haynes argued that conditions could be imposed for her release such as having to report to a police station.
“It is not a case of Winston Hall with boats moving between St Vincent and Barbados. So conditions can be imposed,” said Haynes, who appeared in association with Philip McWatt.
In response Magistrate Holder said the charges were serious and denied the Duecks bail. (SP)