The Matter of COP v. Frett and Boland despite COVID-19, matters of the court must be dealt with. Court sessions have been meeting remotely.
Yesterday April 8th, 2020, the matter of the Commissioner of Police Versus Frett and Boland was heard by live video link before Senior Magistrate, Ms. Tamia Richards on 6th and 7th April, 2020. The defendant, Bryan Boland of St Kitts, is a naturalised Citizen of United States of America. He resides in St. Thomas, United States Virgin Islands and has no place of abode in the Territory. He was represented by Counsel, Ms. Stacey Abel. Tambu Frett is a native of the BVI, and resides at Little Dix Hill, East End, Tortola. Mr Frett was represented by Mr Leroy Jones
The Crown was represented by Acting Director of Public Prosecutions, Mrs Tiffany R Scatliffe Esprit, LL.M.
Facts of the Case:
Sometime after 2:00 p.m. on Friday, 3rd April, 2020, the Royal Virgin Islands Police Force (RVIPF) received information that Tambu Frett was leaving Baugher’s Bay in a boat heading for the USVI. As a result of that report, Inspector Carty of the Marine Unit was informed along with Detective Sergeant John and Detective Constable George of the Intelligence Unit. These officers commenced a surveillance operation and observed when a rubber dinghy left Baugher’s Bay around 4:00 p.m. The dinghy had a sole occupant and headed towards open waters. The detectives maintained surveillance of of the vessel and observed the vessel heading towards Peter Island followed by a turn towards Norman Island with a trajectory towards St John, USVI, passing by Flanagan Island. The vessel then entered into US waters and disappeared behind St John.
As a result of this observation, Inspector Carty and Sgt DaSilva from the Police Marine Unit launched the RVIPF motor vessel “Defender” and proceeded in a southerly direction towards St John, USVI. The officers then waited in the channel between St John, USVI and Flanagan Island, BVI. While at that location, the officers observed a rubber dinghy traveling from the back of St John, USVI and heading towards Norman Island, BVI with two occupants onboard. The “Defender” pursued the vessel and signaled it to stop by use of siren and blue revolving lights. The vessel then increased speed and gave chase. The defender continued to pursue and intercepted it in the BVI waters outside of Pirate’s Bight, Norman Island. Tambu Frett was the person at the helm of the vessel navigating, whilst Boland was the passenger. The RVIPF officers conducted a search of the vessel in the company of both individuals who gave their names as Tambu Frett of East End and Bryan Boland of USVI.
Both suspects were arrested on suspicion of Illegal Smuggling and cautioned. Tambu Frett claimed he left on the vessel to Jost Van Dyke where he was liming. There, he met Boland who asked for a lift to Tortola. Boland confirmed being on Jost Van Dyke.
Defendants and vessel were subsequently escorted to Police Marine base where a more detailed search was conducted of the vessel by members of Her Majesty’s Customs and RVIPF Intelligence Unit. The defendants were subsequently taken to the Road Town Police Station and placed into custody. The Police conducted a search of their persons and cash was found on both men. Mr. Frett had a total of $5,700 USD whilst Boland had a total of $6,020 USD. The Defendants admitted that the cash found was theirs.
On Saturday, 4th April, 2020, the defendant, Tambu Frett and Bryan Boland were invited to participate in an audio-video interview.
The men were charged for the offences before the Court.
Bolan was charged with 1) illegal entry and 2) violation of the curfew. He pleaded guilty to both offences. In Mitigation, his lawyer stated that he thought the borders were open and he was coming to assist his pregnant girlfriend who did not wish to be alone during the 14-day Curfew. He claims that his girlfriend, who speaks Spanish, was not aware of the borders being closed and the limitations of the curfew on the 2nd – 4th April, 2020 The Ag Director of Public Prosecution, Mrs. Tiffany Scatlieffe-Espirit reminded the Court that the Government of the Virgin Islands extensively advertised the details of the curfew in both English and Spanish, and that the details of the curfew were on international social media as well as the VI Consortium and the Daily News ( news publications in the USVI).
Mr. Frett was charged with 1) illegal entry, 2) violation of the curfew, and 3) smuggling persons. He initially did not plea, but after hearing Mr. Boland plead guilty and the facts of the case were read out, he asked for the charge to be put to him and he pleaded guilty. Mr. Frett apologized and said that he made arrangements with a friend to collect Mr. Boland.
The Crown made it clear that Mr. Boland needed to be repatriated with urgency and that he should be given the maximum fine and returned to the USVI, where there were 42 confirmed cases of COVID-19 and 1 death. The Crown also reminded the Court that the USVI did not have the strict measures in place to deal with COVID-19 as the BVI. The actions of the Defendants placed the entire Territory into danger.
The Senior Magistrate, Tamia Richards wished for time to consider a suitable sentence and adjourned the matter to 11:00 a.m. on 7th April, 2020. On 7th April, 2020 the Crown made an application pursuant to the 2010 Customs Act to have the vessel used by Mr. Frett forfeited to the Crown. The Senior Magistrate stated that she spoke with the Ministry of Health and it was prudent to have the men quarantined for 14 days. The Magistrate stated that she would deliver sentence on the 23rd April, 2020.