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.