Judge frees South African from jail

Eugene Watkins succeeded with his application for habeas corpus yesterday. Madame Justice Carol Gobin, presiding in the Port-of-Spain High Court, granted a declaration that consecutive prison sentences imposed by the magistrate were wrong in law.

Watkins was arrested at the airport on June 17, 2003, after one kilo of cocaine was found in his possession. At the time, he was about to board BW 900 for London. He appeared before Arima Magistrate Gail Gonzales the next day on charges of possession of cocaine for the purpose of trafficking, and attempting to import and export the cocaine contrary to the Customs Act.

Watkins pleaded guilty to the charges. He was sentenced to three years in jail on the charge of possession of cocaine along with a $20,000 fine. If he could not pay the fine, he would have had to serve an extra three years.

He was also jailed for three years on the Customs charges, to run concurrently with the first three years. In other words, Watkins was due for release on June 18, 2007. Two weeks ago, attorneys Jagdeo Singh and Brian Dabideen filed an application for a writ of habeas corpus against the Prisons Commissioner and the Attorney General seeking Watkins’ immediate release on the ground that he was serving added time in prison.

They contended that the magistrate did not have the jurisdiction to convict and sentence him with respect to the customs charges. They submitted that the magistrate had no jurisdiction to order the second three-year term to follow the first three-year term. They pointed out that this does not exist under Section 18 (b) of the Dangerous Drugs Act 1991.

Gobin quashed the conviction and sentence with respect to the customs charges. She granted a declaration that the magistrate had no jurisdiction to order the second three-year term to follow the first. She also ordered the State to pay half of Watkins’ legal costs.

As a result, Watkins’ prison term ended on June 18 this year. However, as a foreigner who has been convicted and who served a term, he cannot be released in the country. He has no money and no family in Trinidad.

There is no South African embassy in Port-of-Spain. Dabideen said the British High Commission, which looks after South African nationals, has already indicated that it could not afford to pay the $15,000 plane ticket to take Watkins home. Dabideen said he would make representation to the National Security Ministry to raise the funds so that Watkins could be sent on his way to South Africa at the earliest possible opportunity. In the meantime, he will remain in the custody of the police.