CHARLESTOWN, Nevis – TWO brothers of Hardtimes Village in Nevis were each fined $10 000 after they were found guilty on three drugs charges.
Neil Duporte and Malvern Walwyn appeared at the District ‘C’ Magistrate’s Court, Nevis before Her Worship Yasmine Clarke on Tuesday, July 27, 2010, charged with possession of cannabis, possession with intent to supply, and permitting control drugs to be sold on their premises.
While Walwyn pleaded guilty to the charges, the younger brother, Duporte, pleaded not guilty but the court found both of them guilty and Magistrate Clarke imposed a fine of $10 000 each, payable in six months or, if in default, 12 months imprisonment.
Police Prosecutor Inspector Andre Mills told the court that both brothers were guilty of the offences and called his first witness, Constable Vernon George, who testified that on Thursday, June 17, 2010 he was among a party that conducted a search of Gloris Walwyn’s home in which Duporte and Walwyn also reside.
George told the court that the house contained a basement and he was responsible for searching that area. He also stated that Sergeant Wilkinson was the head the operation and Constable St. Ville, who was among the officers stationed in the Hardtimes area, was responsible for security.
“Sergeant Wilkinson knocked on the basement door someone asked who it was and the Sergeant responded, ‘Police, open…we have a warrant to search this place.’ No one opened the door and the Sergeant then knocked for about five minutes, and after knocking for that period forced was used to gain entry.
“When I entered the room the brothers were sitting on a bed. I began searching and find a Hard Wine bottle with cannabis on top the dresser, and in the bottom back drawer I found two transparent plastic bags containing cannabis and a small plastic bag with some small Ziploc bags of cannabis. I found seeds, used and new Ziploc bags with high scent of cannabis, scissors, grinder, pan and smoking pipes. The findings along with the brothers were taken to the Charlestown Police Station where the small bags were counted in front the brothers, which came to a total of 43 dime bags,” George said.
George further told the court that the officers weighed all the bags containing the illicit drugs, which totalled 69.7 grammes. He also said the items were placed in an empty brown envelop and the brothers were invited to sign a document but they refused. However, “Officer St. Ville, Sergeant Wilkinson and I all signed.”
The Constable added that he formally arrested and charged Duporte and Walwyn on the following day after returning from the government analyst, Hiram Williams, who tested and proved that the finds were indeed cannabis.
In his testimony, St. Ville while providing security for the search party, he saw when Constable George found some transparent bags with cannabis and some other items. He also testified that he witnessed when the Sergeant Wilkinson broke down the door to gain entry.
Wilkinson also took the stand and told the court that he had knocked several times on the door to gain entry into the house, and while doing so he peeped through a small crack and noticed movement within.
“I shouted ‘Police…open the door otherwise I will break it down’,” Wilkinson said, adding that because the occupants failed to comply he found a steel rod in the yard and used it on the door to get inside.
Wilkinson told the court that he was standing at the door while George searched the room and found cannabis and some other items, which he identified as the same that was presented in court. He also demonstrated how the grinder is used.
The brothers, who were self-represented, argued that the police did not produce a search warrant and they did not give them an opportunity to open the door.
The convicted men cross examined the two Constables, who said they did not see when the warrant was shown to the brothers because they were focusing on the search, but knew that the Sergeant had a warrant.
Duporte, in his testimony, said he had no knowledge of the items found in the room. He told the court that he usually go to that room to burn CDs, and he was there the night before but had fallen asleep.
His brother however admitted in court that the drugs belonged to him for personal use, and that there is “a drought on the road” and he “had to stock up”.
After listening to all the evidence from the prosecution’s witnesses and the two brothers, Magistrate Clarke said, “I believe that you all are guilty and I find you guilty on all three charges”. She also told Walwyn not because he pleaded guilty to possession of the drugs meant that his brother did not participate and had no knowledge about the findings.
Duporte, in his plea for mitigation, said he was surprise with the verdict, and the fact that he was found guilty and being unemployed meant that he did not know where he would get money to pay the fine. He also questioned why he should not be sent to prison.
Begging the court for leniency, Walwyn said, “I am not saying that I’m right, but the drugs belong to me. I am not trying to run from punishment but please have some mercy on sentencing.”
Before passing judgment, Magistrate Clarke told the defendants that the drugs are classified as Class C and the law states that sentencing for this Class is $75 000 and or two years imprisonment. You have asked for leniency and I have listened. You both are convicted and cautioned on both possession and permitting drugs to be sold from your home. On the charge of possession with intent to supply, both of you are fined $10 000 each to be paid in six months…in default you will spend 12 months in prison.
