Customs ordered to defend 2019 boat seizure after drug bust
Her Majesty’s Customs (HMC) has been ordered to file a legal defence in a matter involving a boat seized by the law enforcement agency following a drug bust on Virgin Gorda in October 2019.
In the matter heard by Court Master, Alvin Shiva Pariagsingh last week, Customs was given the order because it (HMC) failed to do so on prior occasions.
Malcolm Maduro, doing business as Sunshine Power Boat Rental, was recorded as the owner of the vessel involved in the drug bust which left two locals and two Venezuelan nationals facing drug charges before the Magistrate’s Court.
Maduro’s vessel was seized by HMC at the time. But Maduro filed proceedings to reclaim the vessel in May 2020. In those proceedings that was before a different Court Master, he sought several declaratory orders and, in the alternative, the cost of his vessel. Maduro also sought special damages, exemplary damages, interest and costs.
Maduro won a default judgment in October 2020 against HMC after the law enforcement agency failed to enter defence or acknowledge his claim before the court.
Among other things, the court at the time ruled in the default judgment that his vessel was wrongfully seized and detained by HMC and further granted him $130,000, which was put forward as the value of the boat and engines or any value as assessed by the court.
Maduro also secured damages at the rate of $1,200 per day from the date of seizure of the vessel.
Judgment set aside
But after taking over the case as the presiding Court Master, Pariagsingh ruled for the previous default judgment that was made in favour of Maduro back in October 2020 to be set aside. Pariagsingh said the October 2020 judgement was ‘irregularly obtained’.
According to the Master, the request made by Maduro was irregular in itself.
Pariagsingh said he found that the court acted in excess of its jurisdiction in granting the order that it did.
“Further,” Pariagsingh ruled, “the application ought not to have been before the Master in the first instance and the application in itself was defective and ought not to have gotten past the Court Office without being refused.”
He then ruled that permission was granted to HMC to file and serve its defence to the claim on or before February 28, 2022.
Attorneys Karen Reid and Mandy Harnarinesingh appeared for Maduro while HMC was represented by Jo-Ann Williams–Roberts and Renard Penn.
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The people seized his boat. A rental agency cannnot be held responsible for the movement of it’s boat. Arreest the people and give the boat back.
The people were arrested, but were released recently. Maduro should charge them rental in accordance with the term of the rental agreement if there is one, and then charge them for the boat since they did not return it as per the agreement.
HMC seems to regularly lose in court. It appears nobody in HMC understand the concept of time.
Customs is accustomed to running roughshod over the people of the BVI.
If the boat they were usuing was a rental then the rental company has nothing to do with the drugs. Why hold the boat? Hold the men and the drugs not the rental boat.
Playing smart and not being clever
HMC doesn’t have time for that but they have all the time to check the charter companies. Call their phone no answer. Someone need to check what time they start to work too. The ones in the offices are going in vety late in the morning. People have to wait hours to get anything done when you go there.
MALCOLM YOU FULLY WELL KNEW WHAT THOSE GUYS WERE DOING WITH YOUR BOAT. THEY JUST GOT CAUGHT. AND YOU DIDNT GET YOUR CUT. NOW YOU ARE ACTING ALL INNOCENT. LYING MF!
You’re absolutely correct. He is just playing innocent like we don’t know how he makes most of his money.
U jealous mon
It doesn’t matter whether he knew or not, there’s a legal process in place. Either the police charge him as an accomplice and seize the boat or do not charge him (which is what happened in this case) and give him back his boat. You can’t ‘not charge him’ and still seize his boat. On what grounds is his property being seized without any charges being laid against him?
That;s what people fail to realize. There is a legal process that you cant just do whatever.
That’s why when the cases reach to court, it’s loss after loss for the ODPP becuse they feel they can just do anything!
Hush ur c**t
What utter foolishness! If you are caught doing wrong, it does not matter if the vehicle or boat you are in is a rental it should be confiscated and after a thorough investigation the outcome will determine if the vehicle or boat will be released to its owner. The investigation should include proof of the rental contract.
If that process is not completed then you are saying hey guys rent or rather yet say the vehicle or boat is a rental and go do your dirty deeds.
Obviously the court has heard enough evidence to warrant that it is a legitimate rental boat hence this process.
Know the law before you speak such foolishness! ?
Most of these rental contracts contain an illegal use clause that usually make the charterer liable for any losses caused be illegal use of the vessel. Therefore he should sue the 4 guys who rented his boat to pick up drugs. The fact that these 4 smugglers spent 2 years in jail and were found innocent due to lack of evidence is irrelevant. The boat was rented for an illegal purpose so these 4 guys need to pay ALL the owner’s losses: 2 years of lost rental revenue, repair costs for any damage and the boat itself when Customs seized it!
Most of these rental contracts contain an illegal use clause that usually make the charterer liable for any losses caused by illegal use of the vessel. Therefore he should sue the 4 guys who rented his boat to pick up drugs. The fact that these 4 smugglers spent 2 years in jail and were found innocent due to lack of evidence is irrelevant. The boat was rented for an illegal purpose so these 4 guys need to pay ALL the owner’s losses: 2 years of lost rental revenue, repair costs for any damage and the value of the boat itself when Customs seized it!
They kept harassing the boating community..putting the industry at risk..its time they answer for all the foolishness the been doing…
Customs need to pay for their @$$ishness
Hunm! so many workers in custom and the women them up and down shopping not doing their jobs at all most of these women getting pay in custom for nothing do your job !!! the men are working but the women locals one doing nothing .