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.
In a series of operations over the weekend, the Royal Virgin Islands Police Force (RVIPF) made significant strides in their ongoing efforts to enhance public safety, seizing illegal drugs, firearms, and ammunition, and arresting a minor in possession of a prohibited weapon.
Firearm Seizure and Arrest
The first operation took place on Friday, August 31, when officers from the Virgin Gorda Police Station responded to a report of a possible firearm at a local residence. Upon arrival, officers were granted permission by the minor’s father to conduct a search of the property. During the search, an AK-47 rifle and a magazine loaded with 18 rounds of ammunition were discovered concealed in a green towel. A 14-year-old boy was arrested at the scene and charged with Unlawful Possession of a Prohibited Firearm and Unlawful Possession of Explosives. He has been released on bail and is scheduled to appear in Magistrate’s Court on September 3.
Controlled Drug Seizure in Scatliffe Alley
Later that evening, a second operation in Scatliffe Alley led to the discovery of a significant quantity of drugs hidden in an old refrigerator. Among the substances seized were 357.1 grams of a green vegetable matter suspected to be marijuana, 27.2 grams of a white powdered substance believed to be cocaine, and 141.7 grams of a hard, off-white substance suspected to be crack cocaine.
Ammunition Magazine Recovered at Capoon’s Bay
On Saturday, August 31, another operation in Capoon’s Bay resulted in the recovery of an extended empty magazine from an old, discarded deep freezer outside a local establishment. The operation also included searches of over 20 individuals and vehicles in the area.
Acting Commissioner of Police Jacqueline Vanterpool commented on the weekend’s operations, stating, “These successful operations underscore our commitment to maintaining public safety and combating illegal activities in our community.”
The RVIPF continues to encourage the public to report any suspicious activity. Individuals can confidentially contact the Crime Stoppers line at 800-8477 (TIPS) or call 1-284-800-8477 from overseas, or reach the RVIPF Intelligence Unit at 368-9339. Even the smallest piece of information could be vital in ongoing investigations.
Romario Morgan, 28, a resident of Chalwell Estate, was arrested and charged with possession of a controlled drug following an intelligence-led stop-and-check operation conducted by the Royal Virgin Islands Police Force (RVIPF) on Friday, August 23.
Morgan was granted bail set at $5,000 and is scheduled to appear before the Magistrate’s Court on August 29, 2024. His arrest comes as part of a concerted effort by the RVIPF to address recent incidents of public disorder and enhance community safety across the territory.
The proactive operations continued into the weekend. On Saturday, August 24, police patrols in the Purcell Estate area resulted in the arrest of two additional males who attempted to evade officers. The individuals were interviewed and processed before being placed on conditional bail, requiring them to report back to the Road Town Police Station on September 25, 2024.
Acting Commissioner Jacqueline Vanterpool underscored the importance of these ongoing efforts to maintain law and order within the community. “We will not tolerate any attempts to disrupt the peace and security of our communities. The RVIPF will persist in its efforts to apprehend those who engage in criminal behavior and bring them to justice,” she stated.
The RVIPF is calling upon the public to support these initiatives by reporting any suspicious activities or providing information that may assist in ongoing investigations. Authorities emphasize that community cooperation remains a critical component in the fight against crime and the promotion of a safe and secure environment for all residents.
Individuals with information are encouraged to contact the RVIPF confidentially through the Crime Stoppers hotline at 800-8477 (TIPS) or reach out to the RVIPF Intelligence Unit at 368-9339. Even the smallest piece of information can prove invaluable in advancing these investigations and ensuring that those responsible are held accountable.
Crime/Police
Go-Fast Vessel Intercepted Near Jost Van Dyke: Suspects Remain at Large After Firing on Officers
A joint effort between the Royal Virgin Islands Police Force (RVIPF) and U.S. Customs and Border Protection resulted in the interception of a high-speed “go-fast” vessel near the shores of Jost Van Dyke on Sunday, August 25.
The operation quickly escalated when the occupants of the vessel opened fire on law enforcement officers before abandoning their craft on the western end of the island and fleeing on foot.
Despite an extensive search of the area, the suspects remain at large, prompting concerns about the continued threat they may pose. The intercepted vessel is now in police custody, and a full investigation is underway to uncover the identities and intentions of those involved.
Acting Commissioner Jacqueline Vanterpool expressed deep concern over the incident, highlighting the dangers posed by such brazen criminal activity. “The reckless actions of these criminals endanger not just our officers but the entire community. We cannot allow our waters to become a haven for illegal activity. It is imperative that we unite to bring those responsible to justice and ensure the safety of our islands,” Vanterpool declared.
The RVIPF is urging the public to come forward with any information that could assist in the investigation. Citizens are encouraged to confidentially contact the Crime Stoppers hotline at 800-8477 (TIPS) or reach out to the RVIPF Intelligence Unit at 368-9339. Authorities stress that no detail is too small, as even seemingly minor information could be crucial in advancing the investigation and ensuring the continued safety of the Virgin Islands.
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