Wildman basking in big victory in British Virgin Islands
JAMAICA’S Hugh Wildman is celebrating a major victory in the British Virgin Islands (BVI) where he defended a citizen of St Vincent who was charged with money laundering and breach of the local Dangerous Drugs Act while on a visit to the BVI.
Wildman’s comprehensive defence also led to the freeing of several others charged with the same offences after two years in custody, having earlier failed to get the Magistrate Court in Tortola to grant their bail application.
The senior Jamaican attorney’s victory was the sweeter because the magistrate commended him in open court, although the judge’s candour angered the prosecution and led to an appeal, which is allowed in the BVI but not in Jamaica. The magistrate’s comments were cited in the affidavit of the BVI commissioner of police for purposes of the appeal
“I was impressed by your very erudite submission,” Magistrate Dr Velon John said, after upholding submissions by Wildman on behalf of his client, Jomo Jack in October, 2014. He later shook the Jamaican attorney’s hand in the presence of the prosecution lawyers.
In the closely watched trial by the BVI public, Wildman came up against the number two in the Office of the Director of Public Prosecutions, Tiffany Scatliffe who is principal crown counsel.
Jack, along with Hugh Erickson, James John, Gerry Freeman and Leon King, was charged just over two years ago with money laundering and breaches of the BVI Dangerous Drugs Act.
It was alleged in court that, acting on information, the BVI police on August 10, 2012, were monitoring three vehicles and their occupants in Tortola, the capital. Two of the vehicles were in close proximity and the third some distance away. Police approached the vehicles and found a large quantity of cash in the car occupied by Jack and his cousin King. The other men were in the second and third car. The cops took all five to the police station where John was alleged to have confessed to having cocaine at his home. A search of his home, the court was told, revealed cash and cocaine. All the men were charged with the two offences and John with the additional charge of taking steps to export cocaine. He pleaded guilty to possession, but was taken before the court along with the other four on the earlier two charges.
Wildman who entered the case almost two years after it began, in March this year, successfully argued that the case should be thrown out on the grounds that the crown had not satisfied the legal conditions for the admissibility of evidence by the anlayst, because the cocaine to be used as evidence was destroyed and only a small sample was seen by the analyst.
After several applications by the crown to extend the trial to allow for its response, the magistrate threw out the case on November 5, handing Wildman a big victory which was heavily covered in the local media.
— Desmond Allen