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Bermuda: Cannabis smugglers' sentences left to stand by Appeals Court Ruth O’Kelly-Lynch The Royal Gazette Tuesday 14 Mar 2006 The Court of Appeals turned back legal arguments seeking to overturn the convictions and ten year prison sentences of the two men who imported 120 pounds of cannabis in a container in 2003. Former Dunkley’s Dairy employee Michael Madeiros, 39, and Steven Flood, 38, both of Belmer Drive, Devonshire were found guilty in July of conspiracy to import $2 million of the illicit drug in 2003. Flood was not labelled as the ring leader of the operation. Yesterday Jamaican Q.C. Frank Phipps argued that certain directions by Pusine Judge Carlisle Greaves were misleading or unfairly prejudicial against his client. But after deliberations, court president Justice Edward Zacca said that the grounds of the appeal had been considered but that the court was satisfied the conviction and sentence were appropriate. And Flood’s lawyer, Elizabeth Christopher told the appeals judges her client had decided on Friday not to appeal the conviction but to still appeal the sentence. She argued that he did not orchestrate the importation and knew nobody else involved in the transaction other than Maderios. Thus, she argued, he should not be imprisoned as long as Maderios who had organised everything. However, Justice Sir Murray Stuart-Smith said her client played a “vital role in the whole operation”. Mr. Justice Zacca also said that Flood had breached his employers’ trust. The panel said they had considered the appeal of conviction but believed that the level of culpability was such that he should not be treated any different from Maderios. The jury heard that Madeiros convinced Flood, to organise for the drugs to be placed in an incoming container in exchange for $55,000. Crown counsel Paula Tyndale argued during the trial that Madeiros was the ring leader, while Flood was responsible for handling the boxes once they arrived. Dunkley’s Dairy allowed Flood to import materials for a his second job, customising vehicles, in the company containers as a favour. Flood ordered goods in the US and cannabis was placed in them instead. The items were then put on the Dunkley’s container and shipped to Bermuda. The shipment of drugs were initially detected by US customs officials who with Bermuda Police, allowed a portion of the shipment to reach the Island. The jury also heard that the pair were in constant contact to discuss the plans, something Mr. Phipps said had no “probative” value. Ms Tyndale said cellular phone records of both men over that period “correspond very well” with the Crown’s case. The pair did not contact each other at all from October 1-12, although on the “crucial dates” of October 13 – the day Flood ordered the goods from Vector Graphics – and October 23-24 when the container arrived, they called each other on numerous occasions. Mr. Phipps said there was no way to establish if the two men had actually talked and that Justice Greaves had put more weight on the records than necessary. Mr. Phipps also argued that the evidence of how the drugs were found should not have been put before the jury. The boxes, which had been collected from the container by Flood, were found in a dumpster outside a Four Star Pizza shop. Mr. Phipps said that because the jury heard Madeiros was on hand when the drugs were discovered they could infer that he had told the Police of their whereabouts. The actual confession of the whereabouts of the drugs was not heard by the trial jury as there were allegations of police brutality. Madeiros alleged that he had been beaten by several officers until he provided them with information. The six officers in question were later acquitted of all assault charges stemming from Madeiros’ allegations. He also argued that the testimony of politician and dairy CEO Michael Dunkley was not admissible. http://www.theroyalgazette.com/apps/pbcs.dll/article?AID=/20060314/NEWS/103140157
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