Bermuda Police look at drug conspiracy angle
By Marcus Day The Police probe into the Miami drugs bust is likely to focus on a possible conspiracy to import marijuana to Bermuda.
Officers will be examining at least two potential breaches of Bermuda's Misuse of Drugs Act.
That was the opinion of legal experts who spoke to The Royal Gazette yesterday on the condition of anonymity.
The Police have declined to throw much light on why three senior officers were sent to Miami in the wake of last Friday's arrests.
On Tuesday, Acting Police Commissioner Mr. Alex Forbes said: "The purpose of their investigation is to collect evidence of any offences which may have been committed under Bermuda law.'' He stressed the officers had the "permission, support and complete cooperation'' of US Customs, the Dade County Police and the Drug Enforcement Administration.
One lawyer yesterday said Police would almost certainly investigate whether a conspiracy had taken place.
He pointed to section 22 of Bermuda's Misuse of Drugs Act.
This states "a person commits an offence if in Bermuda he assists in or induces the commission in any place outside Bermuda of an offence punishable under the provisions of a corresponding law in force in that place.'' "Until they've investigated, the Bermuda Police don't know what they are looking at,'' said the lawyer.
"One suspects if drugs were intended to find their way in Bermuda, there was some hook-up connection. It is right the Police should be looking at that possibility.'' The Police would be trying to determine whether there was some agreement to import before the players left Bermuda.
"If there was never any kind of agreement it may get more complicated,'' the lawyer said.
The amount of drugs discovered by US Customs at Miami International Airport -- a total of about eight pounds of marijuana -- was also a factor, he added.
Would such an amount have been for personal consumption? Another legal expert said: "Conspiracy to import into Bermuda, that must be what Police are looking at.
"Since the drugs were found in a foreign jurisdiction, the only possible thing to investigate is whether the drugs were intended for shipment back to Bermuda.
"And if there was evidence to that effect then the Police might consider whether such evidence is sufficient to warrant charges involving Bermuda.
"You have to have some evidential nexus (link) to Bermuda. It is a tricky area of the law.'' He based his arguments on a different provision of the Misuse of Drugs Act than the other lawyer.
"I believe you get to conspiracy by accessing out of the Criminal Code and tying into the Misuse of Drugs Act.'' The lawyer said Police were really involved in a "fishing expedition''.
But they faced an uphill struggle, particularly since the players' lawyer, Mr.
H.T. Smith, had moved his clients to another centre in a bid to make them less accessible to the Bermudian officers.
"What the Bermuda Police officers are best able to do is obtain facts from the US authorities, but where that takes them is questionable.
"Probably, Police cannot be criticised for carrying out an investigation because one of the obvious possibilities is that drugs may have been intended for Bermuda.'' The lawyer also raised the possibility of a simple charge of attempting to import to Bermuda.
"Conspiracy would be more appropriate, however.'' The lawyer added in Bermuda conspiracy to import eight pounds of marijuana could result in prison.
But if the conspiracy element of the charge was dropped then a fine was more likely.