Court Dismisses Conspiracy To Import Appeal

January 29, 2018

The court has dismissed an appeal by Tafari Wilson who was convicted of conspiracy to import cannabis, saying “the evidence demonstrates that the Appellant showed a singular and persistent interest to obtain the package.”

In describing the case, the Supreme Court ruling said, “On the 14th November 2015, the Appellant Tafari Wilson attended the Air Canada Office at the L.F. Wade Airport to collect a package. The shipping documents identify James Anderson in Toronto, Canada as the person who sent the package.”

The court notes the package was addressed to the Appellant’s mother, and on 18th November 2015, a company delivered the package to Mr Wilson at his home address in Devonshire, and the package contained 427.5 grams of the controlled drug cannabis concealed in pillows found among other household items.

“Mr. Wilson was charged with the offence of conspiring with others to import cannabis into the Islands of Bermuda on the 11th November 2015, contrary to section 4 [3] of the Misuse of Drugs Act 1972, as read with section 230 of the Criminal Code 1907.

“At his trial, he testified ‘I can tell you nothing about this importation. I did not know nothing about it until I got to the police station. Never heard of Mr. Anderson. First time in court. Never heard of Him”.

“The central issue at the trial was whether Mr. Wilson knew the package contained the controlled drug cannabis. All other facts were undisputed at the trial.

“The Worshipful Magistrate Tokunbo was not impressed with Mr. Wilson’s evidence. He said: ‘As regards the Defendant’s testimony, he did not impress me as a witness of truth. I did not find him to be fully credible about his interest in, and connection with the package or about why he never told his mother about the arrival of the package for her, of which he had no interest.’

The ruling said, “In light of my ruling on the lies and circumstantial evidence directions, and the totality of the evidence relied upon by the Learned Magistrate in support of the finding of guilt, I am not persuaded there has been a miscarriage of justice.

“The evidence demonstrates that the Appellant showed a singular and persistent interest to obtain the package with which he now asserts he was evidentially unconnected. In my view, the evidence adduced at trial does support the rational inference that the Appellant knew the imported package contained the controlled rug cannabis.

“For the above reasons I dismiss the Appellants appeal and remit the matter to the Learned Magistrate for sentencing which was adjourned pending the outcome of this appeal. Subject to hearing Mrs Hanna, I would extend the Appellant’s bail until such date as he is required to attend the Magistrates Court.”

The full Court document follows below [PDF here]:

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