[Barbados Underground] Yes Jeff, Charles Herbert faces a monumental task, not least because he has already been convicted in the court of public opinion. The social meaning of the case has become about the history of race relations in Barbados, so although the court case is supposed to consider the evidence dispassionately, I am not certain that a jury will lack bias
Incompetence.
Just three days after the Director of Public Prosecutions (DPP) urged police officers to be thorough in their investigations, a man accused of having almost 300 pounds of cannabis at his residence has walked free because of a lack of evidence.
The case against Wayne Dexter Reid was dismissed by Magistrate Douglas Frederick yesterday in the District ‘A’ Magistrates’ Court, after he upheld a no-case submission brought by the accused’s attorney-at-law Queen’s Counsel Andrew Pilgrim.
Reid had been charged with possession, possession with intent to supply and trafficking 282.7 pounds of cannabis on April 26, 2016.
The illegal drugs had a street value of over $500 000.
In his no-case submission, Pilgrim argued that the evidence produced did not link his client to the drugs.
“The police claimed they went at the house of the accused armed with a warrant to search, claimed they found the door ajar, entered the home and claimed they found drugs inside.
“Where police go to execute a warrant they ought to execute it in the presence of somebody. Even if the accused is not there, some other party should be there to acknowledge that the police came and did whatever they did and found whatever, they found,” he maintained.
“If that is not the case, then police can go into anybody’s home when no one is there and claim that they find any and everything in your absence and you have no defence to it whatsoever.”
The attorney-at-law said it would be tantamount to impropriety pursuant to Section 116 of the Evidence Act and it would mean that the probative value of that evidence would be outweighed by the prejudicial value.
After hearing Pilgrim’s submission, the magistrate agreed that the Crown had not built a strong enough case against the accused.
The court heard that police executed a search warrant at a residence where Reid was staying, but he was not home at the time.
They found the door slightly ajar and smelled a strong odor suspected to be cannabis emanating from the residence.
Police entered the house and after finding no one at home they conducted a search where they found the drugs contained in 16 packages in a bathtub.
Acting Assistant Superintendent Trevor Blackman prosecuted the case.
But in examining the evidence, the magistrate said the Crown was seeking to rely solely on the fact that the accused occupied the premises.
Frederick said the fact that the door was found ajar by police could be interpreted that other persons had access to the house.
The magistrate also pointed to the fact that while the accused’s brother said he lived at the house, when he was questioned, the accused said the house belonged to a female, but he had “some things” there.
However, Frederick said one of the most glaring errors was the fact that police never questioned the owner of the residence about whether the drugs belonged to her.
“The police were too hasty in the execution of their warrant,” the magistrate acknowledged.
Frederick said the Crown simply did not have enough evidence as the accused had denied any knowledge of the drugs, there was no confession and there was no evidence linking Reid to the drugs.
“The Crown does not have enough evidence to establish a prima facie case on the balance of probability,” the magistrate added.
On Monday while addressing a course at the Regional Security System, DPP Queen’s Counsel Donna Babb-Agard told the participants that they needed to submit “a well-prepared police file upon which prosecutors can rely”.(Quote)
When are the two accused in this case going to come before the courts?
In light of the decision by the DPP to drop the case against Charles Herbert for alleged drug smuggling on the grounds of lack of evidence and in the public interest, It looks as if he has quietly resume the chairmanship of GEL.
What a forgiving place Barbados is. Whatever happened to the other accused?
Has Charles Herbert visited the US since the DPP dropped the drug charges against him?
Is Charles Herbert going to give Queen’s evidence or evidence for the prosecution?
Heheheheh
Mr. Hal Austin
Hal, you are being naughty heheheheh
You know that, given the circumstances of this case, it would not be in his interest for Queens Counsel to call this outstanding member if the community IN THIS MATTER.
Hal, it would be interesting if the Government of the United States were to provide transcripts of ALL THE CONVERSATIONS that occurred on the day that this vessel was intercepted
Heheheheh
Do not expect ANY COMMENTS ON THIS ARTICLE by any people other than expats cause dem frighten of repercussions heheheheh
Do you recall if, during the time the Honourable Blogmaster was giving his most commented articles in 2019 IF THIS ARTICLE WAS ONE OF THEM?
heheheheh dem feel people foolish
viettelpost.com.vn is ok
@ Piece
It is interesting that having been arrested and charged, Mr Herbert walked free because the DPP although there was lack of evidence to secure a conviction and in the public interest. That public interest has never been explained to the public in whose interest it was done.
However, Mr Herbert has returned to his position as a top businessman. Although there was not enough evidence to secure a conviction, do our financial and business regulators wonder if there was enough evidence to discipline Mr Herbert on business ethics grounds?
There is a huge difference between a principle of beyond all reasonable doubt and the balance of probability.
Is Barbados a failed state?
By the way, the financial regulator in the UK has just asked the head of Barclays Bank to explain his relationship with the late Jeffrey Epstein, the alleged paedophile. If they can do that about his personal friendships, why can’t Barbados regulators ask Sagicor to explain why it is investing in residential mortgages?
@ Mr Hal Austin
Hal.
3 men were arrested FOR THIS COMPREHENSIVE QUANTITY OF ILLEGAL DRUGS but only 2 were charged AND 1 Locked up!
Is that 3rd man still locked up?
If he is on bail who granted him bail?
How much was the bail?
Who stood surety for the bail?
Why has Barbados’ bevy of investigative journalists like Moore, Price, Bourne, Hoyos or Ellis, TO NAME A FEW, not followed up with these questions?
The point that I’m making Hal is that, while you will focus AND RIGHTFULLY SO, on how Charles Herbert got a GET OUT OF JAIL FREE CARD, and is “reinstated” without much impact on his reputation, de ole man thinks that IT IS THE THINGS THAT OBTAIN NOW that make the point you are speaking to so much better!
Observe how, though Epstein is dead, how prince Andrew IS STILL BEING INVESTIGATED!
But England IS NOT A BANANA REPUBLIC like Barbados
The mere suppression of all news related to the GODDARD’S ECSTASY yacht matter is of itself an indication of how this matter is being managed BY SEVERAL PLAYERS.
The Director of Public Prosecutions, the Police, The Courts, the Sell Out Newspapers ALL THIS SHOUT ONLY SERVE TO UNDERSCORE THE INNOCENCE OR GUILT OF ALL THOSE PEOPLE ASSOCIATED WITH THIS MATTER in the first place
@ Piece
I try hard not to be too tough on young journalists in Barbados. Do a quick audit of the Nation and see who advertises and that should tell you how they got the paper by the balls.
As a young man, working for the News of the World newspaper, I remember coming across a judge up to naughtiness; it was a challenge to me personally and to my journalism. Had I been intimidated by his title it would not have worked out. Because he was a judge I thought that is it. I got him in the end.
As an editor I always treated a letter or telephone call from a lawyer like a red rag to a bull; it used to scare the company lawyers. In the UK, lawyers advise, editors decide. The lawyers hated that.
As to Barbados, I call it the Barbados Condition. Unless those in positions of authority and influence use those positions morally then the society will never change.
Charles Herbert may have passed the criminal conviction test, but has it passed the business ethics test?
@PUDYR
“3 men were arrested FOR THIS COMPREHENSIVE QUANTITY OF ILLEGAL DRUGS but only 2 were charged AND 1 Locked up!”
ALL 3 were CHARGED. According to the newspapers ALL 3 got bail (eventually?). The charges against one were dropped. The other 2 are to stand trial,
“The District A Magistrates Court just committed Christopher Rogers and sailor Walter Prescod to stand trial at the High Court.
The two are accused of possession, trafficking, possession with intent to supply and importation of 267.4 pounds of marijuana on July 23, 2018.
The drugs, which were allegedly found on board a Goddard Enterprises-owned yacht, have an estimated street value of $534 160.
Rogers was a director at Goddard Enterprises at the time he was charged.
They remain on bail until their trial before judge and jury.” [Quote Nation newspaper]
They gave no date??
@HA
CH reassuming the Chair was plastered all over the GEL website
https://gel-goddard.s3.amazonaws.com/uploads/notice/notices_pdfs/18/Goddards_Notice_new_chairman_7_x_3__002_.pdf
Unsure there was anything ‘quiet’ about it.
@ NorthernObserver
De ole man thanks you for your correction and restating that all three were charged and charges against 1 were dropped.
I guess that the “optics” dont look good given the quantum of the drugs involved, BE THAT MARIJUANA OR COCAINE THAT WAS SWITCHED!
All 3 should have faced trial and let a court decide on guilt or innocence.
Let me explain!
Upon what basis was Herbert determined blameless of this crime of importation?
Was the chairman determined to be blameless because
1.A man of his stature does not do things like that? Consider Jeff Epstein!
2.the chairman had no opportunity and was not there? Consider O.J. simpson or Baretta/Blake who I think used proxy to have his wife killed
What evidence was presented for Herbert that made him blameless?
Could not both of the other 2 claim same privilege?
Why we just dont let go everyone then?
Charge the man and then let the courts do its job.
de ole man WISHES TO COMMENT ABOUT YOUR POINT ABOUT PUBLICITY ASSOCIATED WITH THE REINSTATEMENT of Herbert as Chairman.
Your terms “plastered all over the website” connote something other than the low key reinstatement facts but dat is only de ole man’s opinion
Take a look at this link NorthernObserver
https://www.goddardenterprisesltd.com/board-of-directors
Scroll through the list.
Who do you see there?
Are you understanding the point that Mr Hal Austin is making about this matter now?
About privilege?
“…Two directors in Goddard Enterprises Limited were each released today on $400, 000 bail with two sureties following Monday’s drug bust at the Bridgetown Port.
They are 56-year-old Christopher Glenn Rogers, of #27 York Road, Navy Gardens, Christ Church, and 62-year-old Arthur Charles Herbert, the company’s chairman, of Redland Plantation, St George.
The two prominent businessmen, …”
One reinstated “businessman” who stepped down, GOT ALL CHARGES AGAINST HIM DROPPED.
While the other “businessman” who is still charged IN A ILLEGAL IMPORTATION ACT 2 years ago, IS STILL A RH DIRECTOR!
De ole man lef school at 11 so I ent bright like wunna but if you want to solve this matter ask the US Drug Enforcement Agency for their phone and computer transcripts for these parties
Heheheheh
@ Mr Hal Austin
Hal.
So why does Charles Herbert feel convicted (pun intended) to step down as Chairman of the Goddard Enterprises Limited WHILE ROGERS DOES NOT STEP DOWN?
What entitles Rogers to remain in his post EVEN THOUGH CHARGED, albeit not yet found guilty?
It is an aspect of what you so apply call THE BAJAN CONDITION Hal.
“…Donald Trump boasted Saturday that support for his presidential campaign would not “I could stand in the middle of 5th Avenue and shoot somebody and I wouldn’t lose voters …”
You wonder why, in the middle of my rant about Herbert and Rogers and Prescod, I go off on The Donald!
It is called Impunity & Birthright!
Bajan whites understand how to wield it over docile black bajans.
Noyone in Barbados, not church, not state, not the common man nor woman, will comment on this glaring slap in the face where this white bajan company got a director who pun drug running charges “plastered all over de Goddard’s Enterprises website” to use the words of my colleague NorthernObserver
And dem tell me Slavery dun and we emancipated
Yes sah massa, did heah nigg** free massa, we free!
Aptly not …
@ Piece
Interesting. Is Charles Herbert going to give evidence for the Crown? Or, is he going to provide evidence for his fellow GEL director (or former director)? Or will he remain silent.
The mind boggles: the chairman of a company, caught on a company boat transporting illegal drugs, walks free and, so far it is not clear, may not appear as a witness. If ever there was something in the public interest this is it.
Where is the DPP? Where is the attorney general? Where is the Opposition spokesman on law and order? Where is the Solutions spokeswoman on law? Where are our media?
Barbados is a failed state.
@PUDYR
You are 100% correct, it baffles the mind how, or why, Rogers who is still facing serious criminal charges, remains as a Director of GEL. In fact, BOTH of them should have been removed as Directors, as long as charges were/are pending. Note my term, remove. It isn’t about ‘stepping down’, it is not the individual persons choice to make. The “Board” as a corporate body is greater than any individual member.
Not to dodge your question, I expect each of the 9 persons listed as directors could obtain bail funds. They would all be recipients of that ‘privilege’. Which leads into the veiled question throughout….why didn’t GEL cover its employees bail, he was ‘at work’ when this affair occurred? Even worse, when Herbert spoke the day the 3 were charged, he essentially threw Prescod ‘under the proverbial bus’. This is why lawyers typically speak on their clients behalf?
The day Herbert was reinstated as Chair, I received a ‘Google Alert’ on the matter. And those whom I communicate with on the island were aware, the reinstatement had occurred. Even some persons in Jca and T&T knew. Hence, it wasn’t something which occurred in the dead of night, and shareholders did not know. Maybe it was “quiet” for those who did not live on the island or have access to information beyond the local media. I did not see any ‘stealth’, for I fully expected the day he was no longer facing charges, whether stayed or acquitted, he would be reinstated. And going back to the opening paragraph, it should have been (my opinion) re-appointed to the Board, versus reinstated as Chair.
I have no information, to support why CH was charged in the first place, or why those charges were stayed; other than he had physically been aboard the vessel during a trip where its cargo included contraband. We haven’t heard from any authority, likely they may tell us, because it could “influence’ the outcome of a case which someday will be before the court?
It took nearly a decade to get this case before the court, so who knows when? And another bullsh!t sentence.
https://barbadostoday.bb/2020/02/13/noel-sentenced-to-16-years-for-aggravated-burglary/
But as you point out, this matter is really about “It is called Impunity & Birthright! Bajan whites understand how to wield it over docile black bajans.” Skin tone, social class, and social history. Which is fair, because isn’t this the basis of most things on the island? You would have to be a scrvunt not to know this?
Up until your recent posts, it hadn’t dawned on you that Rogers was still a Director? Is Prescod still a GEL employee? The focus was on Herbert, he is the known entity (or is it enemy…. hehehehe). Nobody is asking about their travel patterns or bank accounts?
Maybe one day it will reach the court, and we will be told what actually transpired. Who knew what and when.
@ Piece the Legend February 15, 2020 2:43 AM
Dear Master Piece,
Do you know what has happened to the good yacht on “ecstasy”?
Is it still sailing on the Caribbean ‘high’ seas or has it been ‘encumbered’ while sitting on a dry dock of the Bay awaiting its appearance in court?
You can answer bearing in mind our ‘calypsonian’ friend Adonijah as he rocks in Ethiopia enjoying a joint while singing “Two Barbadoes”.
We know you are quite capable ‘in reading through’ the lines (not coke à la cola) given your ability to differentiate an octogenarian 9 from a nonagenarian who cannot’ see’ the difference from a 6 to a half-dozen?
A Google alert is not enough of a public statement for such a serious matter. It is like saying if the BWA puts a notice on its Facebook page that is enough for its clients.
Where is the regulator in all this?
Barbados is not only a failed state, it is managed by a bunch of jokers. Where is the president and the bogus Social Partnership? Is that world class?
Your logic is so fuzzy one never know where to begin. First of all what authority the social partnership has in the matter?
Also remind us who is the prime minister? Are you referring to the Prime Minister who intimidated you at the London Town Hall to the extent you were unable to ask a single question as a Barbadian and retired journalist?
#socondescending.
>
@ NorthernObserver
De ole man thinks that much in this matter was badly handled not least of which was the release of Charkes Herbert without a proper explanation
And by that I mean, if Rogers another director was charged and held, why not Herbert?
You said and I quote
“…Maybe it was “quiet” for those who did not live on the island or have access to information beyond the local media…”
That “Quiet” was not only for the people off island but for the people on island.
Do a google search on the matter of “reinstatement” and see what comes up.
And, as I concur with you on that word “reinstatement” being disturbing bordering on distasteful, there is something equally disturbing about his “reappointment” that bears examination.
The GEL entity is in the news for 240 lbs or cocaine sorry cannabis
2 directors are held for 240 pounds of cocaine, sorry cannabis
One director steps down AND ONE REMAINS ( I did not know that he was still a director until I cross referenced your remark)
But look at the optics here NorthernObserver
The case is still pending against one director!
You mean that, of the 7 directors remaining that a Chairman could not have been appointed other than Herbert UNTIL ROGERS IS TRIED & INDICTED?
Sorry, me keyboard acting up again, “tried and released” and the mastermind Prescod is locked up for 25 years BUT GETS OFF FOR GOOD BEHAVIOUR in 3 years?
But you see my point about Herbert’s reinstatement in the face of this cloud of uncertainty?
@ the Sage Annunaki
You asked and I quote
“…Is it still sailing on the Caribbean ‘high’ seas or has it been ‘encumbered’ while sitting on a dry dock of the Bay awaiting its appearance in court?…”
When poor black people are caught in similar circumstances transporting cocaine or marijuana (usually marijuana cause we ent got the money for cocaine) we boat always does get haul up out the water and transported to District A Police Station WHERE IT ROTS IN THEIR YARD!
Are you intimating that de boat still sailing or, contrary to other practices IS NOT IN DISTRICT A YARD?
You see what Mr Hal Austin means when he speaks to the optics of these matters?
Look how Charles Herbert walk free and even the offending boat sorry, the boat that was used to effect the crime, is also free!
I guess that when Prescod get found guilty of being the mastermind THE BOAT ECSTASY WILL BE EXONERATED and will come out and issue a statement, like Charles Herbert did!
“Glug glug glug glug glug” which in Altlantean language of boats means ” i was not guilty of this crime and have been “reallocated” to Goddards Enterprises Limited where I may be “redeployed” in my previous activities of …….”
Heheheheh
@PUDYR
Questions related to the staying of charges against CH should be addressed to the DPP? I can offer no insight, other than they must have assessed, they did not have the evidence to convict. And I refer to evidence related to the shipment of contraband, versus 400 years of social history. Prior, I wondered whether disclosure of why charges had been dropped, may be seen to influence or interfere with proceedings against the other two persons? I en no lawyer.
“One director steps down AND ONE REMAINS”[quote]
This is inaccurate. Neither person stepped down as a Director. Rather the one who was the Chairman, relinquished his position as Chair, and became a Director at large. The other was, and remains, a Director at large.
“You mean that, of the 7 directors remaining that a Chairman could not have been appointed other than Herbert UNTIL ROGERS IS TRIED & INDICTED?”[Quote]
Why? Is Rogers and Herbert the same person? During the period that CH was facing charges, he did step down as Chair and one, Putnam, assumed the Chair. After charges against CH were dropped, it was decided he would become Chair again. I see no optical delusions or funny stuff. Other than my earlier opinion, Directors facing serious criminal charges, should cease being Directors until such time as such charges are stayed, or the outcome of a legal proceeding proves their innocence. If guilty, they cannot hold such a position.
Once the DPP stayed charges, the only cloud of uncertainty pertaining to Herbert, seems to exist within you. He is a free person.
Rogers was the Captain of the vessel, and Prescod an employee of the vessel’s owner, hired specifically to work on said vessel. Herbert was a non-paying passenger. I “believe” under Barbadian laws the burden on the captain and crew is different from a passenger. But am not a lawyer.
In your note to MTA, the impounding of a vessel is ‘normally’ restricted to its use as evidence, or if the crown is using its value as surety of bail/bond and chooses to store it. Why would the authorities impound vessels and leave them to rot? Or is this another consequence of cases taking umpteen years to reach a Court?
The actors in the case will provoke rational and emotional debate in a Barbados context.
@ NorthernObserver
You said and I quote
“…In your note to MTA, the impounding of a vessel is ‘normally’ restricted to its use as evidence, or if the crown is using its value as surety of bail/bond and chooses to store it.
Why would the authorities impound vessels and leave them to rot?
Or is this another consequence of cases taking umpteen years to reach a Court?…”
To be honest Northern Observer de ole man is not AU fait with whether th law should or should not impound as a matter of normal process one way or the next.
What I do know for a fact is that THIS PRACTICE OF PULLING THE VESSEL OUT OF THE WATER AND PLACING IT IN DISTRICT STATION A has only obtained for bessels owned by poor black people
The TWO BARBADOSES AT WORK FOR YOU!
@PUDYR
poor? in much of the world persons capable of owning a vessel are not considered poor.
Two Barbadoses? Ya mean two of six? Why should Bim be any different than the rest of the world. In the north we have one set of rules for the ‘indigenous’ people, another for those who are not ‘full bloods’ a.k.a Metis, another for the French speaking, and then whole other sets depending upon how you wish to separate people or where they choose to live.
In large urban areas, we have multiple cases where in the middle of the day, 3 fellas in a car open fire pun 3 others, and nobody, not one soul, saw one rambam. Not even the colour or type of car. Yet, if two police tek down one fella in the same area, they have multiple eye witnesses who saw the altercation in great detail. Even video footage. You getting mah?
Yah may wonder why I wrote the last paragraph? Now I en no legend, but when dis court case done and ovah, tell mah den, effin ya unnerstand.
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Two staff members of a local manufacturing company have been held following a two million dollar drug bust at the Bridgetown Port last Friday.
21 boxes labelled Tru Juice Oranges were seized from a container and inside the boxes were 110 taped packages of marijuana weighing 305.05 kilograms.
The drugs have an estimated street value of just over $2,440 000.
Police investigations led to the arrest of Harvey Kurvin Martindale, 44 years, a senior supervisor of #40 Husbands Terrace, St. James and 26 year old casual worker, Nathan Jordan Gooding, of Bayfield, St. Philip.
They were jointly charged with the offence of Conspiracy to Traffic Cannabis.
Over $251 000 in Barbadian currency along with $8797 US dollars were found, following the execution of a warrant at Martindale’s residence.
He was also charged with Money Laundering and Retention of United States Currency.(Quote)
Name the company.
There is no secret this incident occurred at the refrigerator facility at BICO.
Two staff members of a local manufacturing company have been held following a two million dollar drug bust at the Bridgetown Port last Friday.(Quote)
?????????
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Now that Charles Herbert has regained his place in society, what about the two men accused along with him on drug running? When is the trial going to take place?
Incompetence.
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When is the case involving the men arrest ed with Charles Herbert coming to court? What about the killing of his neighbour by Officer Gittens? Where is attorney general Marshall?
There was a story this morning which stated that the US government had requested the banking details for a Barbadian citizen who is accused of money laundering.
Since what I’m about to disclose has been RECORDED in a public forum………. I’m sure you remember those UNSOLICITED emails you sent to a PARTICULAR INDIVIDUAL, in which YOU made certain MALICIOUS ALLEGATIONS against CGI.
Hoc vien tham my World Art View day trang diem, day phun xam, day noi mi. Dao tao nghe theo tieu chuan quoc te, dich vu lam dep uy tin chat luong cao tai TPHCM.
We hope there will be a better future. Good luck
Great article. I hope you will have more articles on this topic
We hope there will be a better future.
Beauty Trends cua hang my pham chinh hang an toan cho moi loai da. Chia se bi quyet lam dep, cham soc sac dep
Great article. Thank you very much!
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