A High Court Judge has suggested that persons seeking to travel abroad with foreign exchange educate themselves on the legal way to do so via the Central Bank of Barbados.
Justice Randall Worrell made the comment on Wednesday in the No. 2 Supreme Court as he dealt with the case of a marine technician who attempted to leave the island with over US$9 000.
The 59-year-old pleaded guilty to the charge of trying to export foreign currency without the permission of the Exchange Control Authority.
Justice Worrell ruled that he forfeit 20 per cent of the amount as the mitigating factors outweighed the aggravating features of the case. No conviction was recorded against him.
The ruling was delivered after Principal State Counsel Oliver Thomas submitted that there were no real aggravating factors beyond the offence itself. And although the prosecutor said the man had violated bail conditions by leaving the jurisdiction while the case was ongoing, he said that he returned promptly when summoned by the court.
“To his credit upon being informed that the court intended to have the matter ventilated, he promptly returned without any drawn-out legal processes,” Thomas said.
Acknowledging the defendant’s early guilty plea and clean record, the prosecutor proposed a 20 per cent forfeiture of the US$9 207, which formed the basis of the charge.
Defence attorney Romain Marshall described the offence as a straightforward strict liability matter. He said his client was a hardworking individual who commuted for work. Marshall emphasised the potential adverse impact of a conviction on his client’s livelihood, highlighting the threat of work permit revocation and a new job search process.
Additionally, the attorney outlined his client’s future work-related travel plans and stressed that his client did not waste the court’s time on the matter.
Marshall agreed with the prosecution’s forfeiture proposal, expressing his client’s gratitude for a second chance.
The defence lawyer also noted that Barbados has strict foreign exchange regulations and that many Barbadians may not be fully aware of the correct procedures for transferring money overseas.
Justice Randall Worrell in adjudicating the case agreed with the prosecution that the only aggravating factor involved attempting to export the foreign currency.
“It is not a matter which has caused anything untoward to any particular victim,” the judge ruled, adding that the impact would have been on the State.
(TS)
