Former prison officer Arnold Geovanny Cabrera Diaz has been jailed for two years for smuggling ganja into Northward prison on two occasions.
The first incident occurred in June 2021, one month after Cabrera Diaz completed an 11-month training course and was still on probation. The second incident, when he was caught, occurred in July 2021.
He was initially charged with eight offences, namely two counts of smuggling contraband, two counts of possession of ganja with intent to supply, two counts of simple possession of ganja, one count of breach of trust and one count of giving a false name to a police officer.
He pleaded guilty to both counts of smuggling contraband and the count of breach of trust. The prosecution offered no evidence on the remaining charges, which were then withdrawn.
“This was a crime of greed,” said prosecutor Greg Walcolm.
“There was no evidence that he was in financial difficulties. He was receiving his salary, and it simply looks like he wanted to make extra cash,” he stated.
According to WhatsApp messages recovered from Cabrera Diaz’s phone, he was paid $350 for the first package of ganja, which was resold in the prison for $1,000. Had he been successful in the delivery of the second package, he was expected to receive $575.
“He benefited significantly from this criminal venture, having been paid one third of the proceeds from the first instance,” said Walcolm, who added that Cabrera Diaz played a leading role in the smuggling.
“He was clearly a part of the organising of the offence and, if not for him, it could not have been done,” Walcolm said.
Cabrera Diaz’s attorney Amelia Fosuhene asked Magistrate Angelyn Hernandez to consider imposing a suspended sentence if possible, noting that she understood the custody threshold was passed.
“This is not the same man who so many people have written references about,” said Fosuhene. “He is a family man, a married man, a father, and a brother who is protective of his family and friends.”
She added, “What we should ask is, ‘What happened that could have caused this man to be here?'”
Fosuhene told the court that Carbrera Diaz accepted his wrongdoing, and was “extremely remorseful”.
“The fact is that he will have to be housed in the high-risk unit, because he was a former prison officer,” said Fosuhene. “Because he was a prison officer, he stands to be treated harshly by the prisoners, and even his former prison officers whom he brought into disrepute.”
Magistrate Hernandez considered Fosuhene’s suggestions, but declined.
“The guidance from 2002 is very clear, that where a police officer, while carrying out his duties, commits a breach of trust, an immediate custodial sentence of between 2 to 4 years is appropriate,” said Hernandez, who noted that Cabrera Diaz’s employment as a prison officer carried an equal level of responsibility to that of a police officer.
“This was a significant and deliberate breach of the public’s trust in the prison system… the entire justice system, and not just in him but in every prison officer,” said Hernandez.
She began with a starting point of two years for the breach of trust, but increased it to three years for the severity of the breach. She then offered a full one third discount for the guilty plea, and the fact that, prior to the charge, he was a man of good character, thereby ending up with a sentence of two years.
Hernandez then imposed an eight month sentence for each count of smuggling contraband and ordered that they run concurrent to the breach of trust.
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