Crime/Police
Nyron Erickson Challenges Committal to Trial in High Court
Nyron Erickson is challenging the Director of Public Prosecutions’ (DPP) attempt to commit him to trial in the High Court of the British Virgin Islands on charges including unlawful possession of a firearm, cocaine, marijuana, and money laundering. The Crown’s case rests on alleged communications between Erickson and co-accused Jose Almestica, who was arrested in December 2021. Erickson’s defence contends that the evidence presented is inadmissible hearsay and insufficient to establish a prima facie case.
Central to the defence’s argument is the nature of the evidence derived from alleged WhatsApp communications between Erickson and Almestica. The Crown’s reliance on forensic extraction reports and voice analysis to link Erickson to incriminating messages on Almestica’s recovered mobile phone has been challenged as inadmissible hearsay. According to the defence, this evidence cannot stand under the scrutiny of established legal principles.
The defence contends that a close examination of the evidence in the committal bundle reveals that the purported telephone evidence is hearsay upon hearsay. They argue that the forensic extraction report, which purportedly shows WhatsApp messages linked to Erickson, is a statement made outside of court and is thus inadmissible. Additionally, the defence points out that the statement by Ms. Kim Wharton, who testified to the monikers associated with Erickson, further represents inadmissible hearsay. Wharton’s testimony relies on previous assertions not made while giving oral evidence in court, violating the rule against hearsay as established in R v Sharp [1988] and R v Kearley [1992].
The defence also references the Privy Council decision in Delroy Hopson v R [1992], which underscores that statements made outside the presence of the accused are inadmissible. In this case, any attributed designations linking Erickson to Almestica via WhatsApp messages were made in Erickson’s absence, further breaching the hearsay rule.
The issue extends to other pieces of evidence in the committal bundle, such as the designation of “WestBank” and “BandSpatron” as monikers associated with Erickson. The defence argues that these attributions are based on inadmissible voice analysis and previous statements that Wharton could not testify to in court. The defence cites the Williams v Bedwellty Justices [1996] case, which emphasises that committal proceedings must be based on admissible evidence. Any committal based on inadmissible hearsay evidence is liable to be quashed by way of judicial review and the remedy of certiorari.
Furthermore, the defence points to the principle established in R v Gunewardene [1951] and R v Dennis Lobban [1995], stating that the extrajudicial statements of a co-accused are not admissible as evidence against the defendant. In the current case, any statements made by Almestica outside of court cannot be used to implicate Erickson. The defence highlights that Ms. Wharton’s statement and the forensic extraction report are both examples of such extrajudicial statements, making them inadmissible.
The defence also critiques the methodology and credibility of the forensic extraction and voice analysis. They argue that these techniques are not only subject to significant error but also that their results were presented without the proper foundational evidence or expert testimony to verify their accuracy. This further undermines the reliability and admissibility of the evidence against Erickson.
In their argument, the defence submits that there is no admissible evidence to support the committal of Erickson for trial in the High Court. The statements and forensic reports relied upon by the Crown are riddled with inadmissible hearsay and fail to establish a prima facie case. The defence urges that, in the absence of such evidence, the charges against Erickson should be dismissed.
On February 27, 2023, Erickson was extradited to the United States Virgin Islands after unsuccessful appeals in the local Court of Appeal and in the United Kingdom Privy Council. He was charged with conspiracy to launder monetary funds from outside the United States and unlawfully transporting the funds into the United States. After six months in federal custody, prosecutors dismissed the case against him. Despite this, Erickson faced renewed legal challenges when, on 20 September, 2023, he was arrested in Road Town by local authorities as he stepped off the ferry from the United States Virgin Islands.
Nyron Erickson being whisked out by US Feds under heavy security on February 27, 2023.
A crackdown on violent crime in the British Virgin Islands has led to multiple arrests and the seizure of illegal firearms and ammunition, authorities announced Friday, March 28.
In a series of targeted search operations, police recovered a semi-automatic handgun and dozens of rounds of ammunition, marking a significant step in the fight against armed robberies and property crimes across the territory.
As part of the ongoing investigations, the Royal Virgin Islands Police Force (RVIPF) conducted a series of search operations on March 25 at five properties linked to suspects in recent armed robberies. Officers recovered a 9mm Glock semi-automatic pistol and 41 rounds of assorted ammunition.
Authorities detained eight individuals in connection with the raids. Three were released after questioning, while five have been formally charged.
Ernest Jacobs, 59, Prynce Jacobs, 19, and a 16-year-old male, all of Josiah’s Bay, have been charged with keeping an unlicensed firearm and two counts of unlawful possession of explosives. A 14-year-old male of Purcell Estate has been charged with two counts of robbery. Ravie Joseph, 43, of Josiah’s Bay, has been charged with overstaying a landing permit.
The charges stem from separate robbery incidents on Tortola on March 3. Police had previously charged and remanded another minor in connection with the same crimes.
Acting Commissioner of Police Jacqueline Vanterpool lauded officers for their work and underscored the importance of removing illegal weapons from the streets.
“The removal of illegal firearms and ammunition from our communities is a critical step in reducing the threat of violence and protecting innocent lives,” Vanterpool said in a statement. “To date, a total of nine illegal firearms and more than 300 rounds of ammunition have been recovered as part of our intensified operations. We remain resolute in our mission to disrupt criminal networks and bring offenders to justice.”
Authorities continue to urge residents to come forward with any information that may aid ongoing investigations. Tips can be submitted to the RVIPF Intelligence Unit at 368-9339 or anonymously via Crime Stoppers at 800-8477, or internationally at (284) 800-8477.
The Royal Virgin Islands Police Force (RVIPF) have charged Drew Farrell, 42, of The Valley, Virgin Gorda, in connection with a fatal stabbing that claimed the life of Rasheel Thomas Alexander.
Farrell who remains in police custody is expected to appear before the Magistrate’s Court in the coming days.
The charge follows an ongoing investigation into the stabbing incident, which has drawn significant public attention. Police have not yet disclosed details surrounding the circumstances of the attack.
Authorities are urging anyone with information related to the case to come forward. Tips can be provided to the RVIPF Intelligence Unit at 368-9339, or anonymously through Crime Stoppers at 800-8477. International callers can reach Crime Stoppers at (284) 800-8477.
Oleanvine Maynard, the former director of the British Virgin Islands Ports Authority, was released from federal custody in the United States on Friday, having served just under two years of her nine-year sentence for drug-related offences.
The Federal Bureau of Prisons (BOP) confirmed that she is no longer listed as “In Custody” but provided no explanation for the March 21 early release.
Maynard, 63, had been serving her sentence at the Baltimore Residential Reentry Management Centre (RRM) following her conviction in June 2023 for her involvement in a drug trafficking conspiracy orchestrated by the U.S. Drug Enforcement Administration (DEA).
Her son, Kadeem Stephan Maynard, 33, who was convicted alongside her, is also due for release soon—on 6th April. Currently held at the Miami Federal Detention Centre (FDC), Kadeem was sentenced to 57 months but will serve just over two years, having pleaded guilty in 2023.
The mother and son duo had struck a deal with the DEA to secure reduced sentences. However, the exact circumstances surrounding their early release remain unclear.
In the U.S. federal system, sentence reductions are not uncommon and can occur for a variety of reasons, including significant assistance with ongoing investigations or participation in rehabilitative programmes.
The female Maynard was the star witness in the prosecutions’ case against former Premier of the British Virgin Islands, Andrew Alturo Fahie, convicted in February 2024 on charges of conspiracy to import cocaine and money laundering.
Yet, without official confirmation from authorities, the precise nature of Maynard’s release remains speculative.
Meanwhile, Fahie remains incarcerated at Jesup Federal Correctional Institution (FCI). His release date is set for May 30, 2033, and his case continues to attract global attention.
As Oleanvine Maynard prepares to reintegrate into society, public interest turns to what her next steps will be and how her return will be received.
Maynard, her son Kadeem, and ex-Premier Fahie were arrested in April 2022 during a U.S. DEA sting operation in Miami, Florida. The case stemmed from an undercover investigation in which DEA agents, posing as members of the Mexican Sinaloa Cartel, approached the officials with an offer to facilitate the trafficking of thousands of kilograms of cocaine through the British Virgin Islands to the U.S. mainland.
Testimony from the agents revealed that Fahie and the Maynards had agreed to assist in the drug shipments in exchange for bribes amounting to millions of dollars. Court documents also disclosed that Oleanvine Maynard was happy to play a central role in the operation, referring to the opportunity as her “blessing.”
The arrests raised serious concerns about government corruption and links to drug trafficking within the territory, a region heavily dependent on tourism.
Oleanvine Maynard’s early release continues to stir debate both within the territory and internationally.
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