No release for 5 men as DPP challenges dismissal of cocaine case

Albert Ortiz (top, left), Cesar Abrahim (top, right). In bottom row, from left: Joel Santos, Ronald James, and Candido Quezada. Local authorities have moved to appeal the dismissal of charges against five men accused in connection with a major cocaine seizure in BVI waters. The Police Commissioner, through the Office of the Director of Public Prosecutions (DPP), filed a notice of appeal against the dismissal of the case in the Eastern Caribbean Supreme Court on Thursday, September 10. The appeal challenges Senior Magistrate Tamia Richards’ decision to uphold a no-case submission and dismiss charges of importation of a controlled drug and possession of a controlled drug with intent to supply against the five men. In the notice seen by our news centre, the appellant has described Magistrate Richards’ decision as “unreasonable” and said it cannot be supported by the evidence in the case .

The men reportedly have not been released from prison. Defence attorney E Leroy Jones has described the appeal as “frivolous and vexatious”. “My clients do not have any status in the country. They were brought in from the middle of the ocean on the high seas more than 12 nautical miles of the BVI coast,” Jones told our news centre when contacted to comment. “They have succeeded and have no more criminal charges against them. They have no immigration rights to be here. They don’t have work permits; they never have. They have no place to stay and they cannot remain in custody because they are free. Keeping them in custody to accommodate the DPP would be manifestly unfair, manifestly unjustifiable and wholly unreasonable in all the circumstances. An attempt of this nature has been attempted before and it didn’t work. they can’t keep them here. ” History of the case The five men — Joel…