Drug charges against Ralph Joseph James were dropped today and the Jamaican handed over to immigration officials “for their consideration”, after his lawyer successfully argued that local authorities had no jurisdiction to charge him.
Furthermore, his attorney Ryan Moseley contended that the State had breached his client’s constitutional rights as a person in Barbados and compensation would be sought.
James, a 61-year-old marine engineer, had been on remand at Dodds for the past 28 days charged with being within the limits of the exclusive economic zone established by the Marine Boundaries and Jurisdiction Act Chapter 387, and within the jurisdiction of the Magistrate of District ‘A’ did have in his possession, traffic and had the intent to supply 138.4 kilogrammes of cannabis on November 7. The illegal drugs had an estimated street value of BDS$553 600.
On his first appearance before a Bridgetown magistrate, he was not required to plead to the indictable charges and was remanded after the prosecution objected to bail.
When the matter was called before Chief Magistrate Ian Weekes this morning, James’ lawyer said the Barbados Coast Guard and the Marine Police had spotted his client adrift approximately 34 miles off the island. They boarded the boat, arrested and charged James.
However, Moseley submitted that “Barbados as a sovereign state and the Coast Guard and Marine Police had no jurisdiction at 34 miles off Barbados to arrest and charge him with a criminal offence.
“We further submit that the Magistrate for District ‘A’ also should not have any jurisdiction over such an offence at that place where he was arrested,” he told the court.
The defence attorney pointed to the Barbados Territorial Waters Act Chapter 386 which sets out the limits of Barbados’ territorial waters at 12 nautical miles from the baseline of the shore.
He said pursuant to the United Nations Convention of the Law of the Seas to which Barbados is a signatory, “There is a further 12 miles, after the first 12 miles. So, the first 24 miles is called the contiguous zone where Barbados laws [pertain] only in relation to immigration, customs and our fiscal laws. Thereafter, we are in the exclusive economic zone up to 200 miles off Barbados . . .”
Moseley added: “They have specifically mentioned in the charge Chapter 387 and that is an admission as far as I am concerned . . . that the accused man was indeed outside of the territorial waters of Barbados and therefore not subject to the jurisdiction of this court.”
The prosecution, represented by Crown Counsel Romario Straker, conceded that authorities did act incorrectly.
“We do agree with the submissions that he has made based on our checks, and the factual matrix as it relates to this charge is that the accused was found 30 miles outside or off the coast of Barbados, so that he would have been in the exclusive economic zone . . . .
“That being the case, there is still an immigration matter to be addressed by this court as it relates to his stay in Barbados, as he did not enter through a port of entry. He would have been brought in by the Coast Guard so we would need immigration personnel to do something, . . . whether is to grant him entry at this stage or to have him deported to his home country,” Straker said.
But Moseley strongly objected to James being deported, even though he agreed his client should be interviewed by Immigration authorities.
“Certainly, I do not think that any order for deportation can be made as he has not breached the Laws of Barbados. Furthermore, the state of Barbados has breached his constitutional rights as a person in Barbados and there is an issue of compensation for his imprisonment that will follow. I can say that his family is urgently arranging somewhere for him to stay here in Barbados . . . to try and sort out another matter which is currently engaging the Solicitor General and Attorney General’s Chambers,” Moseley said, adding that James’ family was also willing to pay his plane fare home.
Immigration officers Terry Simmons and Joseph Mottley later arrived and addressed the court. Simmons recommended that the Coast Guard escort James and his vessel out of Barbados’ territorial waters. They were quickly informed, however, that not only did the vessel encounter mechanical problems but it also did not belong to James.
In the end, Magistrates Weekes ordered that James be handed over to Immigration authorities and “they will handle it from there”.
He also ruled that the charges against James be dismissed.
