On Friday, October 18, 2019, two 26-year and 34-year old Dominican men pleaded guilty to an indictment which read, “MARTIN JNO BAPTISTE and DANNY HENRY, between the 5th day of September, 2019 and the 12th day of September, 2019, did, for material benefit, arrange for an unauthorised migrant to enter the territory of St Maarten, knowing or being reckless as to whether such person was an unauthorised migrant.”
Following our report last week on the matter, the men’s Attorney-at-Law Warren Cassell had hinted he was seeking instructions to lodge an appeal in the matter.
The two men were arrested and finally charged after their boat had run aground, washed up on the rocks at Rendezvous Bay when they then called the Royal Montserrat Police Service for assistance.
In the grounds of appeal the lawyer stated:
1. The learned judge erred when he failed to uphold the submissions made on behalf of the Appellants that the facts alleged against the appellants amounted to a criminal offence under the Penal Code of Montserrat.
2. The proceedings were a nullity by virtue of the fact: (a) that there was no evidence alleged to demonstrate that there was a connection to Montserrat of the actus reus and mens reas of the offence of smuggling unauthorized migrants to St. Maarten.
(b) The indictment is duplicitous on its face.
3. The Learned trial Judge erred in law when he permitted the Appellants to plead to the offence of Smuggling Unauthorized Migrants.
Besides Cassell added: “the Appellants reserve the right to add new grounds of appeal and amplifications when a transcript of the proceedings and of the learned trial Judge’s reasons for sentence is delivered to them.”
Both men were sentenced to four years in prison, after a second count against them was dropped.
