On Friday morning, a convoy of vehicles left the Magistrates’ Court in Pasea and followed the flashing blue lights of a police jeep to the East End Police Station.
Among the passengers were armed police officers, Senior Magistrate Tamia Richards, a crown prosecutor, defence attorneys and three men charged in connection with the largest drug bust in Virgin Islands history.
Upon arrival, the well-dressed group gathered just outside the police station, where a bailiff ’s command of “All rise” announced the continuation of a Magistrates’ Court trial that had previously resumed earlier that morning at the Pasea courthouse.
Facing the court are Darren Davis, a long-time police officer who is interdicted from duty pending the trial’s conclusion; his brother Leston Davis; and Emile Jimenez, who was a police officer at the time of the seizure but is no longer on the force.
The three men, who maintain their innocence and have each pleaded not guilty, are accused in connection with 2,353 kilograms of cocaine, two firearms and ammunition seized from a property in Balsam Ghut on the evening of Nov. 6, 2020.
On Friday, the trial participants visited that property and three other sites associated with the seizure.
During the trip, crown prosecutor Tracy Vidale continued working to build a case based largely on police officers’ testimony that they saw the three defendants on and around the Balsam Ghut property on the afternoon of the seizure — even though no one was arrested at the scene during the bust that evening.
Defence attorneys, meanwhile, worked to poke holes in the police officers’ testimony and raise questions about the crown’s version of events.
The Friday trip offered a chance for attorneys and the senior magistrate to visit the locations at issue and question a police witness onsite.
First stop
At the first stop just outside the East End Police Station, Ms. Vidale questioned police officer Ronald Augustine about his patrols hours before the drug seizure, when police say they saw Mr. Jimenez driving a black Audi through East End with Leston Davis in the passenger seat.
Reiterating previous testimony delivered at the courthouse, Mr. Augustine said he was heading toward Parham Town with police officer Richard Francis when he spotted a black Audi near Alphonso’s Gas Station.
After about 20 minutes at the EE Police Station, the court moved to the second location: an area in front of the Willard Wheatley Primary School where Mr. Augustine claims he first spotted a white three-yard truck that was later found loaded with cocaine at the Balsam Ghut property.
As police officers directed traffic nearby, Mr. Augustine explained that he was heading east when he saw the white truck heading west in front of the school.
Surveillance point
After that stop, the court drove to a third location: a surveillance point across a valley from the Balsam Ghut property.
From this site, Mr. Augustine and Mr. Francis claim to have watched the three defendants visit the Balsam Ghut property on the day of the 2020 seizure: Leston Davis and Mr. Jimenez around 3 p.m. and both Davis brothers later in the afternoon.
Standing in an overgrown lot next to two apartment buildings — one purple and one green — Mr. Augustine explained that the buildings were unfinished at the time the officers entered them to observe the Balsam Ghut property without being seen.
On Friday, trial participants visited the purple building, which is still unfinished, but not the green one, which has since been completed and fenced off.
Court officials, Mr. Augustine, attorneys and the defendants walked through the purple building to reach a balcony, where Mr. Augustine continued his testimony.
He pointed at the road below and explained the route the white three-yard truck allegedly used to reach the Balsam Ghut property.
He also testified about the differences he saw from this vantage point on Friday compared to Nov. 6, 2020.
For example, he said the foliage around the Balsam Ghut property is “more bushy now.” He also said that during his surveillance, he observed the property both with the naked eye and with binoculars.
Cross-examination
During cross-examination, defence attorney Marie Lou Creque, who represents Leston Davis, suggested to Mr. Augustine that the foliage was in fact less bushy now than it was in 2020. In response, Mr. Augustine disagreed.
Ms. Creque also suggested that the officer could not see anyone from his vantage point. Mr. Augustine again disagreed.
In response to further cross-examination, the officer also acknowledged that no photos were taken from the vantage point while he was surveilling the Balsam Ghut property.
Defence attorney Valston Graham, who represents Darren Davis, suggested during cross-examination that Mr. Augustine could not have identified his client from such a long distance. Mr. Augustine disagreed.
Magistrates’ questions
After the defence attorneys questioned the officer, the magistrate had a few questions as well.
For instance, she asked whether the officers spent more time in the purple building or the green one.
Mr. Augustine said he could not recall, explaining that they went back and forth because they were concerned that people at the Balsam Ghut property could see them.
Ms. Richards also asked about the lighting, noting that there were lamp posts along the road leading to the Balsam Ghut property. She asked the officer if those lamp posts were there at the time of the bust and if the lights were illuminated that night.
Mr. Augustine answered yes to both questions.
Ms. Richards then asked how Mr. Augustine was able to see Darren Davis with the naked eye. Mr. Augustine replied that he saw him while using binoculars.
Ms. Richards followed up by asking if he could recognise Darren Davis with the naked eye. The officer replied that he could because he had seen him earlier in the day.
No photos
After Ms. Richards finished, Mr. Graham asked the officer if any photos were taken before or after the bust to show the dimensions of the trees at the time. Mr. Augustine said no.
Mr. Graham followed up by asking if Mr. Augustine had made any notes about the conditions at the time. Mr. Augustine said he had not.
“So we have to just trust your memory?” Mr. Graham asked.
The officer said yes.
Seizure site
After Mr. Augustine was questioned for about an hour at the surveillance site, the court proceedings moved to the fourth and final location: the Balsam Ghut property where officers executed a search warrant and allegedly found the contraband inside a container, the white three-yard truck and a red jeep.
Standing near an unfinished three-storey building on the property, Mr. Augustine recounted his observations at the time of the seizure and explained where he found the container and the two vehicles.
He also pointed to an area of bush where he allegedly saw people flee on the evening of the search, when no arrests were made.
Cross-examination
During cross-examination, defence attorney Stephen Daniels, who represents Mr. Jimenez, asked about Mr. Augustine’s claim that he saw the black Audi parked briefly on the Balsam Ghut property on the afternoon of Nov. 6, 2020 — hours before the search.
In response to Mr. Daniels’ questions, Mr. Augustine pointed out where the car allegedly parked that day, acknowledging that it was out of sight of the surveillance point from which he was watching.
Asked what time he saw the Audi there, Mr. Augustine replied that it was after 3 p.m.
Then Mr. Daniels asked how long he saw Mr. Jimenez remain on the property, to which Mr. Augustine responded 10 to 15 minutes.
Mr. Augustine also testified that he saw Mr. Jimenez get out of the car but could not see where he went.
In the bushes
Ms. Creque and Mr. Graham also cross-examined Mr. Augustine at the site.
Ms. Creque walked to the area of bush where Mr. Augustine said people fled and asked if torn garments or other evidence had been found there. Mr. Augustine replied no.
Ms. Richards asked about details Mr. Augustine noticed at the site at the time, such as aspects of the three-storey building, the length of grass in the yard, and what vehicles were parked there.
Shortly after 1 p.m., the court adjourned for the day. The resumption of the trial on Friday followed two days of testimony in January.
The next scheduled day had not been set as of Beacon press time yesterday afternoon.