UPDATE: 10 & 6 years total prison time for Haitian boat capt & crewman respectively
The men were jointly charged with eight counts of manslaughter and one count of smuggling of migrants as the Prosecution contended that they were acting together when the incident took place. Two of the eight victims remained unidentified after the tragedy occurred on the fateful night of December 5, 2010.
Edourne, who was the skipper of the boat that ran aground in the Brandy Wine Bay area, was sentenced to 10 years imprisonment on all 10 counts of manslaughter, however, the sentencing is to run concurrently. He was also sentenced to 4 years imprisonment on the charge of illegal smuggling of migrants.
Time already served is to be taken into consideration, therefore, Edourne will only serve a maximum of 10 years following sentencing.
Plasimond was given 6 years on all counts of manslaughter to also run concurrently and four years on the charge of smuggling of illegal migrants. He will therefore spend the next four years behind bars since time spent in prison is to be taken into consideration.
Justice Redhead also said the issue of age was also taken into consideration in arriving at his decision.
RVIPF issues release on successful convictions
Following the sentences handed down for the duo at the end of the trial, a press release was issued by the Royal Virgin Islands Police Force (RVIPF) and states as follows:
In a unique case of cooperation among law enforcement agencies and legal bodies, the two crew members responsible for the smuggling of 33 persons resulting in the untimely death of eight persons were convicted of eight counts of manslaughter and human smuggling.
Roro Edourre, 44, was sentenced to ten years imprisonment for each count of manslaughter and four years imprisonment for human smuggling. While Renold Plaisimond, 62, was sentenced to six years imprisonment on each count of manslaughter and four years for human smuggling. The sentences for both men will run concurrently.
The December 2010 tragedy just off Brandywine Bay, on the south shore of Tortola, left authorities in St. Maarten, USVI and Virgin Islands (UK) with one aim -- to find the culprits responsible for smuggling the Haitians onboard and the tragic deaths of eight individuals, four of which were children.
The Senior Investigating Officer, Detective Inspector Nigel Niven noted that this type of multi-agency investigation would normally be very challenging but was expedited by a strong, unyielding desire by all involved to see those responsible brought to justice.
“Following these tragic events, each jurisdiction dedicated a team of investigators to ensure that across the law enforcement agencies an investigative plan was agreed and evidence shared and that legal and governmental parties were briefed and onboard. In fact, the day after the incident, law enforcement officers from St. Maarten along with the US Coast Guard were in the Territory to assist with the investigation,” he said.
Inspector Niven went on to explain that the Governor’s Office and the Government of the Virgin Islands extended their support in helping to relocate witnesses from the detention facility to a home on Tortola, where they could stay until the prolonged investigation and resulting trial were completed. The DPP’s office held strong in their determination to prosecute those responsible, to see that families of the victims had the needed closure and that the Territory is viewed worldwide as being tough on those who exploit vulnerable persons.
In speaking about the dedicated work of the investigation teams both locally and overseas, Acting Commissioner of Police Mr. David Morris was pleased that all the jurisdictions involved supported the United Nations mandate on smuggling of immigrants.
“The United Nations Office on Drugs and Crime took so seriously the issue of human smuggling that it released directions on the smuggling of migrants at sea listing actions to be taken by Countries and Territories to combat such criminality. It seeks to ensure that all Governments take strong action against the organisers, boat captains and crew that instigate these deadly voyages at sea. I am delighted that the Virgin Islands took the lead and, in compliance with the directions of the UN, has shown a strong stance in successfully prosecuting these individuals.” he said.
The Acting Commissioner noted that as a result of this case, those persons who seek to profit by illegally smuggling migrants will, hopefully, think twice before continuing to exploit some of the most vulnerable within society.
Indicating that he hoped such criminals will in the future consider whether the profits to be gained by this type of exploitation are worth the risk, he added, “Our thoughts are with those family members who lost relatives and loved ones, and we thank them for their courage and fortitude throughout the investigation and during the trial. All countries must be strong in their resolve to combat human smuggling and deter those who may in the future want to carry out such acts.
Almost two years ago, around midnight on Sunday, 5 December 2010, police along with other law enforcement and rescue agencies were notified that a 25-foot fiberglass vessel carrying migrants, leaving St. Maarten and bound for the US Virgin Islands, had run aground on a reef off Brandywine Bay.
Her Majesty’s Customs, Virgin Islands Search and Rescue and U.S. Coast Guard immediately began rescuing individuals from the waters around the wreckage and detaining those that had made it ashore.
Thirty five persons had been aboard the vessel. Five bodies were initially found in the waters at the scene of the wreckage but in the days that following the death toll rose to eight, four adults and four children. There were 27 survivors, 14 males and 11 females and the two crew members.
The Governor was in immediate contact with the Haitian Government to brief them on this incident. As a consequence, members of the Haitian Embassy visited the Territory and spoke with the Governor, law enforcement officers and families of the victims.
The Ministry of Health and Social Development along with the BVI Health Services Authority collaborated throughout on all health issues related to the survivors, and ensured the safety of the wider public. Police liaison officers were immediately assigned to those survivors who had lost loved ones as a result of the incident. The police met with representatives from the local BVI Haitian community and clergy to enlist their help and support concerning the welfare of the survivors and the burial of the deceased and sought their assistance to act as interpreters. This support has continued throughout the investigation and trial.
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