A vessel seized in Cayman Brac was released after legal arguments in Summary Court last week.
Crown Counsel Trevor Ward had requested that the 130-ton Anna G be forfeited to the Crown after a small quantity of drugs was found aboard on 2 September.
The vessel had arrived from Jamaica carrying sodas, water, tanks and transmissions.
The person charged with the drugs, described as less than an ounce and traces, was John Frederick Edge, an American.
The Crown asked for the vessel on the basis that Edge, 38, was the person in charge of it.
Defence Attorney Morris Garcia pointed to the Crown’s own summary of facts. It referred to Edge as the former captain who was sailing with the new captain to assist in familiarising him in the use of the vessel.
Magistrate Margaret Ramsay-Hale asked if the boat could have two controllers. Mr. Ward replied that Edge had physical control and the captain had titular control. The magistrate referred to this as ‘joint captains’.
Mr. Garcia read from the statement of the man designated as captain. The officer who questioned him asked if he had any idea how drugs got on board the vessel ‘that you are the captain of’. The officer also asked if he realised his responsibility for the vessel ‘as you are the captain’.
The attorney asserted, ‘If that is not abundantly clear, I really don’t know what else is.’
He also read a background note. It stated that law enforcement officers on Cayman Brac had received information that a boat was leaving Jamaica with drugs and a local boat was going to meet it off Little Cayman for transfer of the drugs.
Officers patrolled through the night into Friday morning, but did not see anything unusual. When the Anna G arrived, they thought that was the vessel referred to.
Mr. Garcia said it appeared that the Anna G was in the wrong place at the wrong time.
The drugs and a utensil were found in Edge’s quarters. He pleaded guilty to possessing and importing less than an ounce of ganja. Charges relating to traces of cocaine and the utensil were left on file.
The magistrate said she had read the interviews and summary. It was clear that the owner of the vessel had hired Edge to deliver it from the US to Jamaica. The owner then made an arrangement with a third party to lease the boat. It appeared that as part of the arrangement another man was made captain.
Referring to Edge’s role, she said, ‘Assisting the new captain could never in my view put him in control of the boat.’
She therefore declined to make an order for forfeiture.
Taking into account the time that Edge had spent in custody, she fined him $750 for each offence, a total of $1,500.
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