Osrick DaSilva, right & Antonio J. Caines, left, failing to declare case dismissed. Photo: VINO

Back in August of 2013, in an operation initiated by Customs, officers boarded and searched the cargo vessel Elitta 1 docked at Port Purcell. An envelope containing $90,000 and a paper bag containing $8,700 were found in one of the cabins. Photo: Shipspotting.com

Back in August of 2013, in an operation initiated by Customs, officers boarded and searched the cargo vessel Elitta 1 docked at Port Purcell. An envelope containing $90,000 and a paper bag containing $8,700 were found in one of the cabins.

A joint investigation followed between Customs Officers and Officers of the Royal Virgin Islands Police Force (RVIPF) Special Investigations Unit which resulted in the arrest of Antonio J. Caines, 34 at the time, of Duff’s Bottom and Osrick DaSilva, 37 at that time, a native of St. Vincent, residing in Belmont, who was a crew member of the Elitta 1. An additional $1,594 was found in DaSilva’s possession.

The following day, both were charged with failure to declare monies to customs which is contrary to section 87 (4) of the Customs Management and Duties Act 2010.

When they appeared yesterday before Magistrate Dr John he pointed out in immigration laws the period a vessel was required to declare or clear customs while at any dock in the Territory. He noted that the Crown failed to give evidence of the time the vessel had spent at the Virgin Gorda Dock.

The Magistrate did agree that he both men knew the packages contained money and that Caines was familiar with customs procedures nonetheless the general circumstances surrounding the case including the evident of both sides he dismissed the case against the men.

While the two men breathed a sigh of relief and walked out of the dock as free men their attorney Mr Richard G. Rowe indicated to the Magistrate, “I will be making application in due course in relations to the money.”

In the early stages of the case as it was before the Magistrate’s Court when they were initially placed before Senior Magistrate Tamia Richards, Caines was placed on $80,000 and was required to surrender his passport to the RVIPF and DaSilva was remanded to prison.

Shortly after assuming the position of sitting Magistrate in the Virgin Islands Magistrate's Court Dr John had granted DaSilva bail to the sum of $80,000 for which he was required to have two qualified sureties at the request of his lawyer.

The court had heard that it would have been totally an injustice to have DaSilva remain incarcerated until the re-commencement of the trial which was at the time scheduled for January 28-29, 2014. This was based on the fact that the penalty for jail time, if found guilty, would be much less than the time of six months that he would have spent prior to the re-commencement of the trial.

Considering that the accused was likely to return to his job as a seaman, he was allowed to continue to be in possession of his passport but is required to report to the RVIPF every time the vessel he works on docks in the Virgin Islands (VI).

The Magistrate had also noted that it was in the goodwill of the Christmas spirit that the man should be allowed to spend the season with his family, which includes a new born baby he has not yet been allowed to see.

Caines, on the other hand, was granted the request to retrieve his passport from the RVIPF for the period of December 17 – 30, 2013 to allow him to travel to St Kitts to visit his grandmother.

Today that is all history as they both are now free of any criminal record and free to continue their activities of daily living but not forgetting the other step of retrieving the monies seized.