Businessman vindicated over seized Christmas cash
A businessman has told how police “destroyed” his Christmas after seizing more than $6,000 in cash from him at the airport as he headed off for a festive vacation.
Construction boss Gladstone Headlam, 73, successfully applied to have the money returned to him yesterday — and was awarded costs by a magistrate, who said the funds should have been given back by police without the need for a court hearing.
Mr Headlam was stopped by detectives at LF Wade International Airport on December 23 after he checked in for a flight to New York, en route to the Dominican Republic, where he owns a home.
They seized $6,142 from him — money he told The Royal Gazette he was carrying because he finds it easier to travel with cash than use credit or debit cards when abroad.
Crown counsel Larissa Burgess told Magistrate Khamisi Tokunbo yesterday that Mr Headlam initially told police he had $800 cash on him.
“It was only after further questioning that Mr Headlam indicated he had $8,000,” she said. “That’s a huge jump and it’s enough to arouse suspicion.”
Ms Burgess said the actual amount was slightly more than $6,000. She said the money was seized using the “proper protocol” under section 50 of the Proceeds of Crime Act, which allows officers to confiscate cash if they have reasonable grounds for suspecting it is the proceeds of crime or intended for criminal use.
“Mr Headlam was given opportunity to explain himself in respect of the funds that were said to be in his possession,” she added.
Mr Headlam, who is also a taxi operator, told this newspaper he never said he had $800 but told the officers he had “under $8,000”. Travellers leaving Bermuda are only required to declare exports of cash worth more than $10,000.
He said he asked the officers to call Capital G, where he had legitimately withdrawn the money from his account, so he could make his American Airlines flight to New York.
But he claimed they refused, telling him he needed to produce a receipt for the withdrawal. Mr Headlam, of King Street, Pembroke, said the result was he missed his flight to New York and had to buy a whole new ticket with JetBlue to get to the Dominican Republic, costing more than $1,200.
“My whole Christmas was destroyed,” he said, adding that he didn’t make it to his cottage in the Dominican Republic until December 26, missing a planned Christmas Eve get-together with family and friends.
“I have great interest to know why they did this,” said the father-of-three and grandfather, who owns Sunrise and Starlight construction companies. “I still don’t know why they did it.”
The naturalised Bermudian, who was born in Jamaica but has lived here for more than 50 years, said the first question police asked him was if he was Bermudian.
Detectives then quizzed him on why he was carrying so much cash, and he replied it was because he planned to go shopping in New York, and take his purchases to the Dominican Republic.
His explanation didn’t satisfy the officers, and the money was seized. Mr Headlam went to New York later in the day without any cash, and had to make do with cards for the rest of his trip.
He obtained the necessary receipts from Capital G and his lawyer Ken James applied for the money to be returned to him last month.
Mr James told Magistrates’ Court his client was “particularly aggrieved” because he was wrongly suspected of being a criminal, and had his Christmas trips severely disrupted.
“There is no doubt that the respondent was delayed in respect of his travel plans,” Ms Burgess said. “However, the police rightfully took possession of the funds.”
Mr Tokunbo said while police were correct to seize the money, they should have simply returned it last month, once they had the receipt and an affidavit from Mr Headlam.
“Instead, you have allowed it to come to court,” he told Ms Burgess, adding that Mr Headlam should be given “all reasonable costs” for the proceedings.
“Let this be a lesson to you,” said Mr Tokunbo. “You had plenty of time to release this money.”
A Bermuda Police Service spokesman said today: “The Bermuda Police Service confirms the seizure of $6,142 from a 73-year-old male on December 23, 2013 at LF Wade Airport.
“Upon presenting himself for travel, this male made what was believed to be a false declaration to US Immigration Officers of the amount of cash he intended to bring into the United States.
“Subsequently, officers from the Bermuda Police Service seized the entire amount under Section 50 of the Proceeds of Crime Act. An order of further detention was authorised by the Hamilton Magistrates’ Court and this person continued [with] unhindered travel to the United States.
“It is standard procedure for cash seized under the Proceeds of Crime Act to be returned after ascertaining that funds are neither intended nor derived from crime. In this case, the Financial Crime Unit were provided documentation as the source of the seized funds, which was verified and the cash subsequently returned.
“The Bermuda Police Service continues to work in partnership with HM Customs and US Immigration in preventing the proceeds of crime being transferred across borders. Although minor inconvenience is acknowledged, the legislation exists to prevent the facilitation of serious crime.”
The Department of Public Prosecutions did not respond to a request for comment.