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Local charges dropped for five drug ring accused

-Fresh extradition proceedings requested
Bob Hodge (left) and Carlston Beazer. Photo: VINO
Chad Skelton (left) and Roberto Harrigan. Photo: VINO/File
Chad Skelton (left) and Roberto Harrigan. Photo: VINO/File
ROAD TOWN, Tortola, VI – All local charges have been dropped against the five men originally accused of being involved in an alleged drug ring.

Instead, Carl ‘Bob’ Hodge, Chad Skelton, Juan Valdez, Roberto Harrigan and Carlston Beazer will now face extradition proceedings once more to have their cases tried in the United States of America (USA).

Director of Public Prosecutions (DPP), Mr Wayne Rajbansie, announced today, October 12, 2012, in court that he has filed a motion to discontinue all local charges on the five accused men. Meanwhile, Ms Natalie Sandiford, representing the Attorney General’s (AG’s) Chambers, stated that in relation to extradition proceedings, warrants were served on all of the men this morning and a fresh order to proceed in respect to the Florida Request was issued yesterday evening. 

Ms Sandiford further advised the court that her office will proceed on the basis of a fresh request received from the USA affecting all five named persons, while new counts and additional evidence were to be added to the original charges. 

As far as she understood, Ms Sandiford said, an order to proceed had been issued by His Excellency the Governor and by now the documents should have been served on her Ladyship. Magistrate Tamia Richards confirmed that she had been in receipt of the order.

Given the orders, Sandiford asked that a new date be set to commence the extradition proceedings while clarifying that this new proceedings were in relation to the Florida request only; in relation to the North Carolina request, the AG has prepared a notice of appeal to file which is expected to be filed and served during the course of the day. 

Disclosure was expected to be made next week in relation to the extradition proceedings. 

Meanwhile the DPP announced that local charges brought against Violet Hodge and Lucien Smith remained and sought to have their matters separated from the five men mentioned previously. 

All of the accused are now scheduled to return to court on November 2, 2012 for hearing in the matter following today's proceedings.

In their appearance on September 17, 2012, High Court Judge Justice Albert Redhead had quashed the decision of Senior Magistrate, Valerie Stephens to extradite the five men to the United States. In handing down his decision, Justice Redhead ruled that the Senior Magistrate’s decision was null and void, and was done under invalid authority.

On October 4, the DPP informed the Magistrate that following the decision of the High Court Judge, the AG had 42 days to file an appeal and until the “pleasure of the Attorney General is known on this issue, I would not invite the court to commence any aspect of the proceedings against the defendants today.”

The DPP then asked for an adjournment in the matter until the 42 days time frame or until the AG decides his course of action on whether there will be an appeal. He also told the court that the extradition matter and the local charges are “inextricably linked”.

Magistrate Tamia Richards ordered the DPP to submit allegations and the evidence to show how the local charges against Bob Hodge, Letty Hodge, Roberto Harrigan, Chad Skelton, Carlston Beazar, Lucien Smith and Juan Valdez are “inextricably linked” to the extradition hearing.  The DPP also has to submit how his office will proceed with the charges and state their position on the issue of bail.

Arguments were heard from both sides and Magistrate Richards ordered the DPP to submit his documents on Monday October 8, 2012 at 12 noon, while the defense had until Tuesday October 9 at 2 P.M. to respond. 

Background

The United States District Court, Southern District of Florida last year had unsealed a jury indictment against 13 persons, including Virgin Islands’ locals, Hodge, Harrigan, Skelton, Beazer and Valdez for allegedly conspiring to import and distribute cocaine in the United States. 

It was alleged that the five men were parties to a conspiracy and alleged drug ring to import cocaine from South America into the Virgin Islands for onward shipment to Puerto Rico, the United States Virgin Islands and the United States mainland. 

While the men face local charges on most of the same accusations the heart of why the United States Government/law enforcement wants the five men is because according to the US, most of the drugs would have ended up in the United States. The drug rings allegedly began sometime in 1998 until September 29, 2010. 

In the appeal case before Justice Readhead three of the defendants have United Kingdom attorneys. Lord Kenneth Macdonald, QC was Skelton's lead counsel along with his initial lawyer, Tana'ania Small-Davis from Frara & Kerins; Harrigan's lead counsel was Edward Fitzgerald, QC along with his initial lawyer, Patrick Thompson; and Julian Knowles, QC for Hodge.  Mr. Beazer's lawyer remained the same Mr. Richard Rowe and Valdez is represented by Attorney Stephen Daniels. 

On March 13, 2012, Senior Magistrate, Valerie Stephens found sufficient evidence for five alleged drug traffickers to stand trial in the United States for conspiracy to import cocaine to the mainland. 

This meant Earl ‘Bob’ Hodge, Chad Skelton, Juan Valdez, Roberto Harrigan and Carlston Beazer are expected to stand trial in the Southern District of Florida and Hodge in the North Carolina District. 

The Magistrate in her ruling said, “I find that a prima facie case made out against the men…and I am committing the men to the Her Majesty’s Prison, Balsum Ghut until such time to await the decision of the Governor.” 

However, she did inform the men that they have the right to make a habeas corpus application - the right to challenge the terms of their incarceration before a High Court Judge. The men’s lawyers had 15 days to make an appeal. 

In expounding her decision, Magistrate Stephens stated in relation to Hodge, the alleged mastermind in the drug ring that spanned for 13 years, that she was satisfied with the witnesses who gave affidavit evidence in identifying him. She also noted that the diplomatic channel regarding the paper work for the extradition request was satisfactory, therefore he can stand trial in North Carolina. 

Meanwhile, Hodge, Harrigan, Valdez, Skelton, and Beazer were allegedly identified as co-conspirators by one of their alleged accomplices as well as by Chief Inspector Murray. 

Furthermore, the Magistrate ruled that the United States had jurisdiction over the matter since an account was allegedly set up in the US for money transfers, an aircraft was purchased and registered there and the aircraft was used in the drug operation. 

She lamented that the aircraft was monitored from South America via a tracking device and was allegedly spotted circling an area off the Virgin Islands. Two vessels were seen in the said location and when police gave chase, Skelton, Beazer and Valdez were apprehended on one of the vessels. 

The Magistrate said she also found evidence that Harrigan, a former Customs Officer, allegedly joined the operation by assisting one of the conspirators, a Colombian national, by allowing him entry into the VI. 

Valdez allegedly handled money for one of the co-conspirators and Hodge, the Magistrate added.

 

45 Responses to “Local charges dropped for five drug ring accused”

  • Release (12/10/2012, 14:00) Like (0) Dislike (0) Reply
    this is so wrong...that governor is bad news for the bvi
  • small head (12/10/2012, 14:07) Like (0) Dislike (0) Reply
    I knew just a matter of time before Uncle Sam come bac for round two
    • weed (12/10/2012, 16:34) Like (0) Dislike (0) Reply
      CAN THIS EVER BE JUSTICE?
      • rally (13/10/2012, 08:34) Like (0) Dislike (0) Reply
        BVI we need to rally around our sons and daughters of the soil.
        • Overdue (14/10/2012, 10:41) Like (0) Dislike (0) Reply
          Let them go with them. They knew the life that they were getting into
        • kims (15/10/2012, 15:29) Like (0) Dislike (0) Reply

          R u crazy rally around what people that r bably prodoing wrong. Remember it can be our son or daughter those people r probably selling the drugs too. I m sorry if them do it lay them pay the price

  • she the cat mother (12/10/2012, 14:17) Like (0) Dislike (0) Reply
    Seems like the governor in bed with the DPP….all I will say is let my people go for another round will just broke these guys with attorney fees!
  • Polo (12/10/2012, 14:19) Like (0) Dislike (0) Reply
    boss when the USA wants you they gonna do whatever it takes to get you.
  • Confucius (12/10/2012, 14:52) Like (0) Dislike (0) Reply
    Lord, let's keep our fingers crossed that the DPP's office, the Governor and the presiding judge do not mess up this time and that these men are successfully extradited to stand trial in the U.S.

    They will not get a fair trial here. Our jury pool is simply too small to find a sufficient number of people who are either not related to or are/were friends or associates of one or more of the defendants.

    We (the decent, law abiding people of the BVI) deserve a break and our children deserve a future without having to worry about this bunch (and others like them) preying on them. The drugs, the related violence and murders that inherently surround those involved with drugs and the overall lawlessness we have experienced in our little paradise must end!

    I am begging those involved to proceed very carefully. Dot every i and cross every t this time around!
    • 2 cents (12/10/2012, 15:25) Like (0) Dislike (0) Reply
      Free up the man dem; who isn't a law-breaker in this country needin' a break?!!!
  • question (12/10/2012, 15:00) Like (0) Dislike (0) Reply
    so does this mean that letty, sasha and lucien freed also?
  • Nick (12/10/2012, 15:11) Like (0) Dislike (0) Reply
    And them can't drop a simple charge for other people who want to put them life back together this is some s*** this place going down slowly
  • LEGAL TEAM (12/10/2012, 15:45) Like (0) Dislike (0) Reply
    On a Point-of-law:Is the Justice system failing us? OR, those in high position do not understand the principles of LAW. "My views and interpretation. The crown cannot use the same evidence against the accused men again,because the matter was appealed in the high court,and the high court ruled in favor of the accused men.The High Court QUASHED the magistrate's decision to extradite the men.Until the Privy Council says otherwise-The High Court Ruling remains and the evidence presented in the first hearing in the magistrate's court,remains QUASHED!!The crown can now go to the privy council,to appeal the High Court's Decision.So Governor,wheel and come again.For example: If you charge a person and the charge was wrongly drafted and because of the wrong charge,the person was acquitted after a trial, because the law was wrongly written in the charge;you cannot come back with a corrected charge and re-try the person on the same evidence. That would be a "Travesty and a miscarriage of Justice and a violation of the person's Constitutional Rights,under section 16(4) of the V.I Constitution. The Constitution-The Law: Section 16 (9) of the Constitution provides,and the Supreme Law reads as follow- "For the determination of the existence or extent of his or her civil rights and obligations,every person SHALL have the right to a FAIR hearing within a reasonable time before an INDEPENDENT and IMPARTIAL court or other AUTHORITY established by law". The Facts: Based on the history of this case,no magistrate in the BVI, is going to rule against the Governor or the Crown, in this pending matter.It will always be easier for the crown to defend an appeal,because it is tax-payers,who have to pay the crown for filing the appeal.In the interest of the public,a re-trial may be necessary,but A re-trial of this matter,will be prejudicial to the accused men,and they will not get a fair hearing.Governor,you started wrong:the senior magistrate ordered the extradition,but you lost the appeal:let it go,you might be lucky next time.If you have evidence to substantiate the charges,"WHY DID YOU DISCONTINUE THE LOCAL-CASE AGAINST THE ACCUSED?Importation of Cocaine,is a very serious offence! D.P.P tell the tax-payers of the BVI;Why did you drop that charge,if you have evidence that these men were involve in Drug Trafficking in the B.V.I? Hey-Hey-DPP,just a question "Were these men set-up?" Just a question?Why did you drop the local charges?The DPP and Governor must address the nation,openly in the media.i want an answer. Governor;I can understand that your credibility is on the line here sir,and it needs to be fixed,but all is not lost.Follow the law in the future,but for now, Just finish your term of Governance and then go and enjoy your retirement.When you follow the law,you will always be on the right track.My views should be your concerns.Let us pray for the BVI. Bye-Bye."
    • insider his head (13/10/2012, 09:19) Like (0) Dislike (0) Reply
      Do you think this Governor gives a hick about law and order? When he out to get you he will leave no stone untrued...Another example of NO Justice and there should be NO peace!!
  • egg face (12/10/2012, 16:36) Like (0) Dislike (0) Reply
    these guys did nothing and every body knows it. because if they had something on them the local authorities will not have drop the case..let the dam people go
    • voter (12/10/2012, 17:03) Like (0) Dislike (0) Reply
      have faith guys god is on your side..you have beat them before and I know you will beat them again!
    • ndd (12/10/2012, 17:39) Like (0) Dislike (0) Reply
      Egg face, it is quite clear you reading but not understanding whats going on with this case!!!!!!!
  • talk girl talk (12/10/2012, 16:39) Like (0) Dislike (0) Reply
    this whole thing is a tragic of the justice system
  • zzzzzzzzzzzz (12/10/2012, 16:59) Like (0) Dislike (0) Reply
    i wish the guys all the best but accept what god does...
  • liat 521 (12/10/2012, 17:16) Like (0) Dislike (0) Reply
    any one who has followed the mighty mighty usa done know they going be send to the states
  • willy wonka (12/10/2012, 17:32) Like (0) Dislike (0) Reply
    Well well this is the trial of the century. Let me get a good supporting cast, so i can bring out a movie on this. Who willing to play Bob role?? On the real you know it wasnt going to be a cake walk.
  • hollowee (12/10/2012, 18:50) Like (0) Dislike (0) Reply
    goodness gracious uncle Sam will not let up jah!
  • mask man (12/10/2012, 18:58) Like (0) Dislike (0) Reply
    this is a set up by the DPP and the governor for in dropping the charges on our end they have now put much undue pressure on the judge to decide in favour of the extradition that was the goal....evil men
  • old glory (12/10/2012, 19:14) Like (0) Dislike (0) Reply
    The US will always have the last laugh...Remember what they did to drug men they wanted in Jamaican and St. Kitts…we do not have an army so we cannot win this one!
  • LEGAL TEAM (12/10/2012, 20:37) Like (0) Dislike (0) Reply
    The men are innocent until proven guilty in a court of law,where the offence was committed.The Governor's office and their advisers mess up this entire legal proceedings,and now have our justice system in all this makakwee and kangaroo-court style.The Governor needs to explain to the public what is going on.Any body can be arrested for any crime: today is them tomorrow is another;but the legal system in the BVI must show its competency.One day they saying they have overwelming evidence,another day they saying they appealing and now they discontinuing charges.DPP and Governor;what is going on?
    • eye doctor (13/10/2012, 07:47) Like (0) Dislike (0) Reply
      I agree this dawn governor seems to b messing up a lot of things…remember what he did to our local bouy Willock?
  • WIZE-UP (13/10/2012, 06:12) Like (0) Dislike (0) Reply
    what we need to do is start speaking out on those whites that also drug traffic in our country-i wish our guys the best of luck but they knew what they were doing-in the drug trade one will have good times & bad time like the stock market; we now have a down turn in our tourist sector, offshore sector and our third economic pillar(the dope trade)
  • abc (13/10/2012, 07:45) Like (0) Dislike (0) Reply
    Free Chad, Tico and Bezzer NOW...
  • Joe Joe (13/10/2012, 07:50) Like (0) Dislike (0) Reply
    If I was in these guys shoes, I would spend whatever it takes on lawyers for as a former inmate Federal Prison is no joke deman!
  • lady with the touch (13/10/2012, 08:36) Like (0) Dislike (0) Reply
    Dem better get a better obeah man or women for tis seems like it aint worked yet.
  • local boy (13/10/2012, 08:47) Like (0) Dislike (0) Reply
    I hope that if the governor and the DPP lose this time they will not try and bring back the local charges….
  • newyork (14/10/2012, 19:01) Like (0) Dislike (0) Reply
    The US will get what they want. England do not want to dirty their relationship with them. These guys need to be sent back to the US, maybe there would be less drugs on the streets of the BVI and the other drugs dealers would think twice and find hard work to do.
  • free (16/10/2012, 12:51) Like (0) Dislike (0) Reply
    By time the USA done deeds men going b broke!!! Let my peole go


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