British drug traffickers not fazed by fines, prison terms if caught, say lawyers
Published:Friday | November 29, 2024 | 12:06 AMChristopher Thomas/Gleaner Writer
WESTERN BUREAU:
Some lawyers are of the view that the fines and sentences that are being handed down to foreign nationals caught smuggling cocaine are not serving as a deterrent, as the number of offenders is constantly increasing.
On Wednesday, yet another British national, Glenn Mason, who was caught trying to smuggle cocaine out of Jamaica via the Sangster International Airport in Montego Bay, St James, was fined $200,000 or three months in prison.
In October, the Jamaica Constabulary Force released data indicating that 27 foreigners, mostly British nationals, were arrested between January and September this year for breaches of the Dangerous Drugs Act.
Attorney-at-law Suwayne Phillips, who practises out of western Jamaica, told The Gleaner that repeated publications about foreigners being arrested in Jamaica on drug-related charges have not deterred individuals who are willing to take that risk because they believe they will not be caught.
“I do not think that the fines and sentences that are handed down are effective to deter these persons from doing that sort of thing because we keep seeing foreign nationals coming back before the court for these types of matters,” said Phillips. “I am sure they hear about these other foreigners, whether in the United Kingdom or the United States of America, because naturally, these stories run in The Gleaner, and most of the time you see these stories online, so it is not like they do not hear about it, yet it is not deterring them from doing it,” said Phillips.
“It does not matter whether they get just fines, or fines and prison sentences, or just prison sentences because in the long run, I do not see them being a deterrent. Most of the persons that I encounter believe or have the mentality that they will not get caught, or if they are caught, most of them rarely ever accept responsibility, and persons are still doing it and will continue to do it.”
Fellow attorney Shelly-Ann Hyman admitted that for some persons who engage in drug trafficking, the perceived financial reward for success outweighs the fear of punishment if they are caught.
“Even though deterrence is one of the primary considerations during sentencing, there are other factors that must operate on the mind of the judge that determine the sentence within the prescribed range. Remember that foreigners and natives are sentenced using the same guidelines in drug-related offences,” said Hyman. “Also, statistics will show that harsher penalties do not necessarily mean that fewer persons will take the risk. When the possibility of reward seemingly outweighs the risk, then even a harsh sentence will not be a deterrent.”
Mason was reportedly caught with one and a half pounds of cocaine, which was found in two pairs of slippers that he had in his possession on September 30 while preparing to board a flight to London from the Montego Bay airport.
During the sentencing hearing, presiding judge Natiesha Fairclough-Hylton ordered Mason to pay a fine of $200,000 or spend three months in prison for possession of cocaine; $250,000 or three months for dealing in cocaine; and $300,000 or four months for attempting to export cocaine.
In a Sunday Gleaner article published on August 18, King’s Counsel Peter Champagnie suggested that provision should be made for foreign defendants who plead guilty or who are tried and found guilty of drug offences to pay large fines instead of serving mandatory prison terms because keeping them in custody locally is not sustainable.