Seaford Laborde, a crew member of the Royal Caribbean cruise ship Jewel of the Seas, was sentenced Monday to 14 years imprisonment after Chief Magistrate Nova Hall found him guilty of possessing 2 pounds, 2 ounces of cocaine with intent to supply.
Defence attorney Margeta Facey-Clarke gave immediate notice of appeal against both the conviction and sentence.
Laborde, who is from St. Vincent, came ashore in Grand Cayman on Saturday, 5 March, 2011.
Police officers were conducting an undercover operation that day because information had been received suggesting the local cruise ship industry was being used to smuggle cocaine into Grand Cayman.
Officers giving evidence said Laborde was seen walking in downtown George town carrying a plastic bag, either charcoal grey or black with a pink design. He then sat on a bench outside the Digicel store across from the post office. While there, he had his right hand resting on the bag. Two of his shipmates were with him, one standing near the Digicel store and the other sitting on an arm of the bench.
An officer dressed as a tourist approached Laborde and asked if he knew where he could get some “blow”. The officer told the court that Laborde replied, “Huh?” so he then said he was looking to score some coke. He said Laborde told him to stay there.
Shortly afterward, plainclothes officers approached from an unmarked vehicle and Laborde stood up and told the tourist/officer “Walk with me”. The bag was left on the bench. Officers approached Laborde, while others walked toward the bench.
The magistrate said she was satisfied by one witness’ evidence that he had kept his eyes on the bag from the time he saw Laborde’s hand on it; he had observed it until the officers picked it up and no one else had approached the bag.
She rejected Laborde’s evidence that he never looked to his right – that he was talking on his phone for over an hour and never looked to his right. The magistrate found that Laborde touched the bag because he had custody and control of it – when he left the bag at the approach of plainclothes officers it was to put distance between him and the bag.
Laborde was initially charged with importation of a controlled drug and he elected to be tried in Grand Court. In August, the Crown offered no evidence to importation and he was found not guilty. The charge of possession with intent to supply was then remitted to Summary Court. His trial proceeded in November, with Crown Counsel Marilyn Brandt presenting the case for the prosecution. He was found guilty 21 December.
A chemist’s analysis showed that the substance in the bag was 987 grams of cocaine, or 34 ounces. In passing sentence, the magistrate said she was following guidelines handed down by the Grand Court. Laborde, 42, was given credit for time in custody.
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