Men claim abandonment

With a starting point of 18 months, Magistrate Valdis Foldats discounted his sentences and gave two men 12 and 11 months respectively after they pleaded guilty to importing 200 pounds of ganja. 

A guilty plea deserves a discount because it avoids the need for a trial and gives the court more time to deal with other defendants, he explained. But in addition, he hoped that discounts for guilty pleas would encourage people who are guilty to accept responsibility for their actions. 

Zara Zanu Stephenson, 27, and Curtis Maxquire Forrest, 18, admitted importing the ganja on or about 14 June this year. They also admitted they had entered illegally with others in a fishing canoe around the same time.  

The court heard the background to the charges from Crown Counsel Nicole Petit and Defence Attorney Prathna Bodden after the men signed a basis of plea. 

They said they had been asked to go on a fishing trip leaving from St. Elizabeth, Jamaica. Stephenson’s role was to catch the fish; Forrest’s role was to ice the fish. The boat drove about 45 minutes to another part of Jamaica where other men boarded with buckets and bags. 

In their plea statements, both men said they now realised they should have got off the boat right then. Instead, they continued on the voyage. Stephenson said he was told he would get the value of US$1,000 for going on the trip and keeping quiet. Forrest said he was told he would get the value of 13 pounds of ganja for making the trip and staying quiet about it. 

Once they reached shore in Grand Cayman, they were abandoned by the other individuals. “They left us without any money,” the defendants said. 

After spending a few days on the Island, the two men were leaving on a boat – not the one they arrived in – when the engine broke down, so they called 911. Stephenson was arrested as a result. Forrest was not apprehended initially, but he turned himself in. When interviewed by authorities both men gave a full account of their activities. 

Ms Petit confirmed that neither defendant had any previous convictions. 

Ms Bodden said police here had nothing against them except illegal landing, but they had provided the information that got them charged. The quantity of ganja was only an estimate by two people who had never been involved before. They had found custody to be a traumatic and horrific experience. 

The attorney explained that Forrest had worked with his family running a successful beach bar. Stephenson was a fisherman who had spent 18 months in a wheelchair from decompression sickness. He had started walking again only nine months ago and was receiving therapy in Jamaica, but none here. 

“We have a hyperbaric chamber on Island,” the magistrate interjected. “I’m confident he will receive proper treatment once he is examined by doctors.”  

Ms Bodden said the men were still concerned about being in custody. She asked the court to consider their minimal roles, albeit in a serious crime. She urged the court to send a message that assistance will be rewarded.  

Both counsel referred to precedent cases, in which sentences ranged from 18 months to three and a half years. 

The magistrate said he considered both men to be minor players, not organisers or arrangers. The starting point for his sentences was 18 months. He then gave a four-month discount for the guilty plea, and two months for assistance. The result for Stephenson was a sentence of 12 months. 

Forrest received further consideration because, at 18, he did not have the maturity of an older individual, the magistrate said. His sentence was 11 months. For illegal landing, each defendant received one month, but that term will run concurrently.