Heavier sentence for 'Drugs in shoe' prison officer
A prison officer who attempted to smuggle cocaine and cannabis – hidden in his shoe – to an inmate at Westgate Correctional Facility was handed an additional 12-month suspended sentence yesterday.
Luvoney Smith, 39, was sentenced to six months' imprisonment on Friday after pleading guilty to possessing 1.2 grams of cannabis and 0.9 grams of cocaine with intent to supply on September 3.
Yesterday Magistrate Juan Wolffe increased the sentence to 18 months' imprisonment, however 12 of those months will be suspended for a period of two years.
Magistrates' Court heard Smith, of Ord Road, Warwick, hid the drugs in a hollowed out part of his shoe and was planning to give them to an inmate he had befriended.
The father-of-one was a corrections officer for three-and-a-half-years, but resigned soon after the offence.
His actions upset many in the Department of Corrections with Commissioner Edward Lamb saying on Friday: "We consider Mr. Smith's actions to be deplorable and heinous.
"Whilst I take no pleasure from someone else's demise, there is no room in our society for those in fiduciary positions to violate the trust reposed in them; especially in the field of law enforcement."
Yesterday Mr. Wolffe listened to legal arguments from prosecutor Cindy Clarke and defence lawyer Marc Daniels.
Ms Clarke interpreted the law to say that if a sentence of less than a year was meted out as a basic punishment, then an additional term of 12 months to three years should be added due to the fact that the prison sits in an increased penalty zone.
Mr. Daniels said the additional sentence was discretional and argued that there were exceptional circumstances in this case.
In addition to his client serving time in the same establishment he had worked, Smith's family could also face financial stress due to his incarceration.
"It is my understanding that Mr. Smith will not be placed in a general population with other inmates because of the nature of his previous post.
"Because of that position he is somewhat ostracised, not only from some of his colleagues, but more importantly there are issues of safety and concern with other inmates."
Mr. Wolffe ruled Smith's sentence should be heavier because the crime was committed 100 metres from the Dockyard prison an increased penalty zone.
He said the risk of exposure of drugs to the wider public increased in such areas and agreed with legislation that said it was right to treat offenders caught in these zones "more harshly".