BVI News

Father of 12 charged with illegal entry to quarantine pending bail decision

The matter of bail in the case against Duffs Bottom resident Aubrey Daniel was deferred to September 21 to allow him to be quarantined and tested for the virus that causes COVID-19.

The accused 59-year-old father of 12 pleaded not guilty to illegal entry and giving false information to police when he made a virtual appearance before Magistrate Christilyn Benjamin Thursday morning, September 3.

The court heard that on July 15 this year, Ocean Dreams Water Taxi Charter Service received permission from the Ministry of Health to deliver three passengers to St Thomas on July 18.

Daniel was among the approved passengers travelling to the neighbouring island. 

The court heard that the vessel left West End ferry dock between 8:30 and 9:30 am. And after collecting cargo from Red Hook, St Thomas, the boat returned to Tortola with only the crew members and no passengers.

Defendant spotted on JVD

On August 31, a Customs Officer received information from a resident of Jost Van Dyke that an individual had entered the BVI illegally on a go-fast speed boat coming westerly from the USVI.

The resident confirmed that they observed a Rastafarian man coming off a powerboat wearing a black shirt and brownish coloured pants. The male was later observed boarding the ferry shortly after, the court heard.

It is alleged the Customs officer proceeded to alert the police on Tortola and boarded the ferry, sitting directly across from the said man.

When the ferry arrived at West End, the male was intercepted by the police officers. And when asked his name, he allegedly said it was ‘Aubrey Smith’ of Duffs Bottom.

When asked for proof of his identification, he claimed that he did not have any on him. However, during a search of his person, a wallet was found and a Virgin Islands Driver’s License with the name ‘Aubrey Daniel’ on it.

He was questioned about his return to the territory. He allegedly responded that he never left. The accused was subsequently taken into custody for questioning.

Interview 

The court further heard that an audio-visual interview was conducted, and during the interview, the accused denied travelling to St Thomas during the pandemic.

A copy of the manifest dated July 18 with his name on it was shown to him but insisted that he left Tortola for St Thomas on the ferry but returned to the territory on the same day.

A copy of the return manifest was then shown to him dated July 18 which indicated that only two crew members returned to the territory. It was then he replied that he stayed in St Thomas for 14 days in quarantine and returned to the territory just before Jost Van Dyke went under lockdown.

The accused was shown that the times did not equate and he further stated that he returned to St Thomas from Jost Van Dyke on a boat with materials and he confirmed that he did not make contact with either Customs or Immigration departments.

A further check was conducted with the ferry and they confirmed that none of the manifests contained the name of Aubrey Daniel travelling between Tortola and Jost Van Dyke, Jost Van Dyke and Tortola during July 18 to August 31.

When he was formally charged he allegedly said: “I come to Jost Van Dyke from St Thomas, I didn’t come in illegally. I just didn’t check-in for quarantine.”

Prosecutors stated they were not objecting to bail but said he must be quarantined as a precaution, bearing in mind the USVI’s current status with the dreaded virus.

Attorney Michael Maduro represented Daniel. 

He is a US citizen and is a BVI belongership and is employed with the Government of the Virgin Islands at the Public Works Department.

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30 Comments

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  1. Let’s see says:

    After his conviction is recorded and he has served his time, will the Govt revoke his belongership and send him back to the USA? I doubt it but let’s wait and see!

    Like 29
    Dislike 9
    • 2020Q says:

      Can the law revoke a belongership if acquired through parentage?

      Like 5
      Dislike 1
      • VI says:

        I don’t think it can be revoke, if it was inherited, only if granted by application through Immigration Department. The inherited Belonger card from Passport Office looks different from the one through application for Immigration Department.

  2. Taxpayer says:

    Am I still paying taxes for his salary! Will he still hold his job!

    Like 19
    Dislike 2
  3. @let's see says:

    I totally agree

  4. Father of 12 says:

    Got to be kidding me? And he’s supporting all of his kids Ha Ha Ha Ha Ha

    Like 8
    Dislike 1
  5. Hello says:

    The government cannot revoke his belongership ok. He is a belonger longer than five years. And this man have roots right here. He did not commit treason and treason is the only crime you can commit and your belonger taken back after five yrs.

    Like 3
    Dislike 13
  6. Real talk says:

    Very good investigation kudos to all involved .

  7. Shorty says:

    You are incorrect. As long as you are convicted of a crime and sentenced to 5 years or more in prison your belonger status can be revoked. It is all up to the Chief immigration officer to put in the necessary paper work to have the process started if they deem necessary. But this is the BVI nothing will happen.

    Like 10
  8. Who? says:

    Need to find out who brought him from St Thomas to Jost Van Dyke & prosecute them to the highest extent of the law.

    Like 8
    Dislike 2
  9. It Doesn't Pay to Tell Lies. says:

    From time he told the second lie to cover the first lie and he realize the authorities were onto his lies he should have told the truth because they had all their evidence ready for him.

  10. Thick as s%$t says:

    ” entered the BVI illegally on a go-fast speed boat coming westerly from the USVI.”

    How can you come westerly to BVI from the USVI? We are East of the USVI.

    Like 8
    Dislike 1
  11. Deport him says:

    Well you can’t he’s belonger. Next.

  12. What? says:

    “Attorney Michael Maduro represented the Daniel.”

    Who is the Daniel? He sounds really important whoever he is.

    I feel sorry for all the other Daniels; they obviously are just not as good as “the Daniel”.

  13. Doh says:

    So here’s your freaking proof…

    A BVI belonger, flouting the rules, doesn’t give a *&$*, and is a government employed worker.

    Not expat doing the crap. It’s BELONGERS WHO DONT CARE!

    Thank you for showing us the truth.

    Like 13
    Dislike 1
  14. People like these says:

    It’s people like these that’s causing a bad situation to get worst

  15. CEMENT says:

    Hope dat guy quarantine in a jail cell and not a hotel he is a modern day f**l

  16. Yard says:

    I still waiting for information about the 44 footer it’s crew,the registration,how many illegals,their nationality,where they came from,capt.of boat etc.Stop holding back this kind of info.makes one feels that it’s a Govt. deal gone bad.

    Like 3
    Dislike 1
    • Islander Girl says:

      That’s because it wasn’t a big deal they did get Clarence from the bvi port authority but no Clarence from custom and immigration their agents was the one to look into all that and fail to do, all they was coming to the bvi for for gas and food the just for 3 hrs and then live to Granada

  17. Anonymous says:

    Why he not taken to proper govt. quarantine, why stick he up the prison ?? How many covid19 positive people up Balsum Ghut, right now? I hear there are definitely some. . .

    Why is Foy govt. refusing to tell us the truth?? Please hurry up elections. . . we need a better leader.

    Why cause a huge Corona outbreak at the prison?

  18. Dirty Little Secrets says:

    Why he not taken to proper govt. quarantine, why stick he up the prison ?? How many covid19 positive people up Balsum Ghut, right now? I hear there are definitely some. . .

    Like 1
    Dislike 2
  19. @let's see says:

    Mr. Daniel is a good man. It is unfortunate how he let himself get caught up doing this very serious act.

    Not everyone is send back. It is based on recommendation from the Chief Immigration Officer.

    For the sake of his family, I hope things work out best for him.

  20. Wow says:

    So his entry was spotted by a member of the public, not our hugely expensive, multi discipline boarder taskforce, on lookout 24 hrs a day, with radar.
    Great to hear that this resident took their responsibility seriously. Shame the newly strengthened boarder force failed to spot it. How many are still getting through?

  21. Lord 0 says:

    All illegal entry Must pay for their own quarantine…

  22. Gwen says:

    LOCK THEM ALL UP including the immigration officers. The BVI is too easy. One can slip in and out the country infecting innocent people and the immigration/customs are asleep on the job.

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