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60-year-old sentenced to 11 months in prison

60-year-old sentenced to 11 months in prison

Aubrey Daniel, a 60-year-old US Virgin Island citizen, has been found guilty of illegal entry into the BVI and providing false information to the police.

When he appeared in court today, Magistrate Khadeen Palmer sentenced the offender to 11 months for illegal entry and five months for the false information charge. 

Both sentences will run concurrently.

What the court heard happened

According to prosecutor Lyn Daley, the 60-year-old entered the BVI illegal on August 31, 2020. 

When the ferry he was travelling on got intercepted by police officers, Daniel gave them a false name. He told the police that he was ‘Aubrey Smith’ but when searched, the officers found a wallet with his identification stating his name as ‘Aubrey Daniel’.

He was formally charged on September 3, 2020 and has been on remand roughly for 10 months. Magistrate Palmer noted that the time he spent in custody will be deducted from his sentence. However, she was unable to provide him with how much time he has left in custody.

Meanwhile, the court heard that on July 18 of last year, Daniel was a passenger on the Ocean Dreams Water Taxi Charter Service which received permission from the Ministry of Health to transport three passengers to St Thomas. 

Only the two crew members returned to Tortola.

However, the 60-year-old father of 12 insisted that he had returned the same day, despite the return manifest showing otherwise. After seeing a copy of the return manifest, he said he stayed in St Thomas for 14 days in quarantine and returned to the territory via Jost Van Dyke before it went under lockdown.

Daniel was shown other documents which proved that his times did not add up and he then stated he came to Jost Van Dyke on a boat with materials but he did not contact Customs or the Immigration Department.

However, further checks showed that none of the ferry manifests had the name of Aubrey Daniel travelling between Tortola and Jost Van Dyke from July 18 to August 31, 2020.

Defence attorney Michael Maduro represented the offender.

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15 Comments

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  1. Frankly says:

    Yes, the elaspe of time bring changes but, the native people of the BVI and USVI have very deep, deep, deep roots dating back centuries. In fact, much of the local USVI and BVI people are blood relatives. This the white admin officials need to leanr, honor and respect.

    Additioally, current politicians do not either not know those blood and historical connections and thus do not enegage with respctive governments in a manner that could promote greater understanding, support and beneficial legislation.

    Frankly, the notion of a “Friendship Day” between the two is a fallacy, designed to keep the two peooples seperated. We are much deeper than friends bud.

    The local USVI and BVIslander should special priviledges assigned to them in their travels. The history of the people demands such. But since caucau has taken over most of the administrative offices on STT., things have changed drastically.

    The division and keep divide has never been so stark. Sadly

    Like 5
    Dislike 12
    • Jah says:

      White admin officials?

      You do know he busted in BVI right? Immigration and customs aren’t white…

      You fail

      Like 15
      • @ Jah says:

        You have twisted one sentence to satisfy your need to be. The sentence is referring to the white officials of the USVI, period.

    • LOL says:

      How BVI people love to say they are family with St.thomas people, yet the STT says otherwise.

    • Slim Jim says:

      What exactly does any of the above have to do with a man leaving the territory and then returning illegally (especially during a time of heightened travel restrictions due to COVID), and lying repeatedly about exactly how he managed to gain re-entry?

      Let’s stop using excuses for illegal behaviour by “our people”. Grown folk need to act grown up, and accept the consequences for their choices.

  2. AND... says:

    And after he has served his time,then what?
    Will he be deported? If so,where to?

  3. Welll says:

    Don’t be so sure. Some elected members could decide to bypass the law and take it to Cabinet for debate. We will never know.No photo of him published. He could become a ” consultant”.

  4. Welll says:

    Don’t be so sure. Some elected members could decide to bypass the law and take it to Cabinet for debate. We will never know.No photo of him published. He could become a ” consultant” and be another blended addition to the ongoing new and unimproved BVI population with a Spooners Estate address..

  5. Medusa says:

    If he is USVI Islander why does the BVI Government have to feed him for 11 months? Send him back with a lifetime ban to enter to Tortola.

  6. Windy says:

    Politicians have been giving the people false information for years. Lock them up for 11 months

  7. FUBAR says:

    It is the law which has been breached with reference to this case. To some it matters not that one can lie and disregard the law and to think they can getaway with it. Deep roots to another country does not warrant or condone such actions.

    Having numerous children should not be a catalyst for an extraordinary lenient sentence, although in accordance with the Gambling Act No.14. My money is on a private Cabinet decision based on humanitarian grounds for a reduced sentence of time served, if any subsequent to this ruling.

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