Leon King and Gerry Freeman during their court appearance in August 2012. Photo: VINO/File

Freeman is charged jointly with four other men in the matter including James Telesforde John, a 62-year-old captain from Tortola, who is facing charges of alleged unlawful importation of cocaine (114 kg); possession of the proceeds of criminal conduct ($391,780); possession of the proceeds of criminal conduct ($178,060); possession of proceeds of criminal conduct ($81,585); and unlawful possession of cocaine with intent to supply. Jomo Jack and Leon King, were jointly charged with possession of the proceeds of criminal conduct ($178,060). Freeman is jointly charged with Hugh Erickson on possession of proceeds of criminal conduct ($37,040.25).

Hamilton expressed that after looking at all the statements and charges in the file, he felt his client should be tried “separate and apart” from the other defendants.

The attorney told the court that the basis of the submission was that the charges faced by his client did not arise out of the same set of circumstances as other defendants.

He expressed that Freeman was arrested at Frenchman’s Cay at West End in Tortola and was never in the company of the other defendants that were arrested at Road Town, but was a passenger in the vehicle of another defendant.

It was further related that no drugs were found near his client and there was no close connection between whatever drug bust was taking place on the said day (August 10, 2012).

Hamilton expressed that he understood the possibility of the money laundering charge on the basis of certain sums of money found in the vehicle in which the defendant was a passenger but stated his client was never ‘actively engaged’ in the acts that took place earlier in the day with his co-defendants.

According to the attorney, there was no evidence that Freeman, the passenger in the vehicle, was linked to the drugs in any way.

It was the attorney’s contention that while he understood the prosecution may not wish to duplicate evidence which was expected to come from at least three witnesses in the case against him; under the circumstances, he wished that the Magistrate would order a separate trial for Freeman on the charges before the court

Senior Crown Counsel Valston Graham in his response, begged to differ with the defence that there was no need for the defendant to be tried with the others.

“There couldn’t be a more fitting case for a joint trial,” Graham told the court. He stated that the case was founded on the same facts (not identical facts) for all the men and expressed that criminal acts do not occur in a vacuum. The prosecutor then proceeded to give elements of the background of the case.

Evidence as disclosed, he said, would show that Jack came into the Territory and was picked up at the airport. A meeting later took place at the Central Administration Complex where Police observed John in his own vehicle while Jack and King were observed in another vehicle not far away; Ericksson was also in another vehicle with Freeman.

Graham continued, evidence would disclose that the meeting was concerned with the supply of drugs. Police intercepted John, Jack and King; arrested at the scene with large sums of money found in both vehicles.

Ericksson’s vehicle was seen speeding away from the location where he was, according to Graham. He then stated that the only matter of agreement with the defence was the accused being arrested at Frenchman’s Cay.

“It doesn’t end there,” the prosecutor added, “phone records will show a connection between Freeman, Ericksson, John, Jack and King all in the build up to the arrest.”

He stated that Police later searched John’s home and large quantities of drugs were found, along with substantial sums of money.

He reiterated that the case was founded on the same facts and said it was in the interest of justice that the men be tried together. “They are properly joined and as such should be tried together,” Graham said while adding that the application of the QC, as adopted by two other attorneys, should be denied.

Magistrate Richards said she was guided by case law and noted that the offences were committed on the same day or leading up to the same day. She added that the court was not satisfied that the defendant should be tried separately and expressed that the complaints did arise out of the circumstances that took place on the said day. Justice, therefore, would be best met if they were tried together and the application was denied.

Magistrate Richards also denied bail applications for Erickson, Jack, King and Freeman following a guilty plea to several charges made by John. The men are to return to court on June 3, 2013 when the trial is expected to continue.