Case ends against one of three airport employees on drug smuggling charges
ST JAMES, Jamaica – One of three employees of the Sangster International Airport in Montego Bay, St James who were accused of smuggling over 11 kilogrammes of cocaine onto a flight destined for Canada, has been relieved of the charges.
Romaine Kerr, a 35-year-old ramp attendant, who was charged alongside Indra Waite and Belanie Reid, walked free from the St James Parish Court on Tuesday after the prosecution offered no further evidence against him. He was charged with possession of, dealing in, and attempting to export cocaine.
At a hearing on May 8, it was disclosed that the Office of the Director of Public Prosecutions (ODPP) was assessing whether the case could proceed in its present form before the parish court.
Parish judge Sasha-Marie Smith-Ashley subsequently ruled on May 11 that the case should proceed because it had been before the court for too long, and it was scheduled for continuation on Tuesday.
During Tuesday’s hearing, the clerk-of-court said that the Crown made good use of the time allotted by the court to determine how it will approach these offences, adding that with the assistance of the DPP’s office, it has acquired between 70 to 100 pages of brand new evidence in Canada, which was carefully assessed by the Crown and senior Crown counsel.
“We determined that these materials brought us no closer to a conviction… In fact, more issues arose as a result of the evidence obtained from Canada,” the clerk explained.
“The Crown must prove its case beyond a reasonable doubt…to do so, we must prove that the items allegedly placed on the plane by the accused were cocaine…we must also prove that this is the same package and contents that were found in Canada,” the prosecutor added.
The prosecution noted that the Crown’s case was complicated by multiple breaks in the chain of custody between the package in question leaving Jamaica to Canada and where it was discovered in Canada. These issues, according to the prosecution, were incurable and no jury of fact would safely convict them.
“The first gap arises in proving that the package placed on the plane in Jamaica is the same as the one found in Canada,” the clerk said.
The prosecution emphasised that the problem was exacerbated by the fact that the cocaine was discovered on the ground, abandoned in a Canadian airport, and that there are breaks in the chain of custody between where Canadian investigators believe the package was taken from the plane and where it was found.
“We cannot prove that this package was taken directly from the plane,” the prosecutor said.
The prosecutor emphasised that the police officers should be commended for their excellent investigative work.
“The investigation has been rigorous and comprehensive, and there is no further evidence they could have obtained that would have cured the issues in this aspect of the case,” the prosecutor said.
Reid’s attorney Martyn Thomas said that it was very unfair to his client, whose earnings are in limbo, and that the defence has been trying to tell the prosecution from the beginning that there were difficulties with the case and that his file does not disclose any evidence against his client.
Meanwhile, Waite’s attorney Henry McCurdy said that justice has not been served after going through several witnesses in the witness box and now being told about a video footage where disclosure has not been served.
He went on to say that it was unfair for his client to be charged solely because she accepted money and reiterated what Thomas had said, that there was nothing on the file to convict any of the accused.
After hearing both sides, Smith-Ashley extended the women’s bail and set the matter for continuation on July 13.
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It is alleged that on October 10, 2021, the defendants who were former airport employees conspired together to place a bag with 11.4 kilogrammes of cocaine, valued at $88.1 million, on board a Sun Wing flight that was scheduled to depart from the Sangster International Airport in Montego Bay.
The cocaine was seized at the Toronto Pearson International Airport in Canada and one person was arrested in relation to the seizure.
Following top-level investigations, the three St James residents were also arrested and charged.
Waite, a 43-year-old security supervisor, is charged with possession of criminal property, while Reid, a 23-year-old aviation security officer, is charged with breaching the Civil Aviation Act.
