Former cop loses appeal over Breach of Trust conviction
Former officer within the Royal Virgin Islands Police Force (RVIPF), Starcy Huggins, lost at the Court of Appeal in attempting to overturn her 2019 conviction and sentence for Breach of Trust.
Huggins was convicted for tipping off suspects under police investigations in a covert operation in 2013 called CUMBRIA. The operation involved the fabrication of another operation called BOWFIN, where Huggins was recorded making phone calls to the suspects upon whom search warrants were being executed.
In operation BOWFIN, Huggins was called on to assist other officers in executing search warrants at the premises of Kemuel Merry and Cliff Williams. She was collected by fellow police officers in a police vehicle fitted with audio and video recording equipment.
Huggins was then left alone in the vehicle and was recorded making phone calls to both Merry and Williams. She was subsequently convicted and sentenced to two years’ imprisonment, suspended for a two-year period.
She appealed the conviction, citing issues with the elements of the offence of Breach of Trust, the admissibility of audio-visual recordings, and the fairness of the trial.
Appeal Court decision
The Court of Appeal found that Huggins was not denied a fair trial as she claimed. The Court ruled that while the right to a fair trial is absolute, it must be assessed on a case-by-case basis. In this case, it found that there was not a single instance where there was an error of procedure or law which prevented Huggins from properly making her defence.
It was also found that many of the issues raised by attorneys for Huggins concern points that did not accurately reflect the true nature of the trial. Furthermore, the Court dismissed Huggins’ argument that she was a victim of entrapment, as there was nothing on the record to demonstrate that she was forced, coerced or persuaded to act in the way she did.
The Court also addressed the fact that evidence was obtained by covert means, stating that it is not a sole ground to challenge its admissibility and does not make the trial unfair. Even if the constitutional right is infringed in the process, it is within the purview of the trial judge whether to exercise their discretion to admit the said evidence or not. The argument by Huggins that there was no judicial preauthorisation to engage in covert operations was found to be unconvincing.
Huggins was represented by Michael Lashley, KC, Akilah Anderson and Tracy Francis-Smith while Tiffany Scatliffe represented the Commissioner of Police in the matter.
Copyright 2024 BVI News, Media Expressions Limited. All Rights Reserved. This material may not be published, broadcast, rewritten or distributed.
Seeing that they left her in the vehicle by herself, I’m guessing they knew my gurl was dirty. Sometimes we feel like we’re smarter than anybody. And don’t tell me she actually felt she would win the appeal SMH
That’s how it is here where “everyone knows everyone”. I have personal experience with this, only for some strange reason the investigating officer called to say that he bumped into the culprit when off duty and told the culprit that he is wanted for questioning only for said culprit to disappear. The officer assured me not to worry… this is policing in the BVI.
She deserves a longer sentence, she could have gotten her fellow officers killed
The 3 judge Court of Appeal upheld the decisions of the High Court judge in the BVI who presided over this breach of trust crime by a RBVIPF member. Seems like the DPP is improving their prosecution procedures.
Here’s a possible solution. When going on an operation only the top ranks involved (maybe 2 or 3 officers) should know initially. All others going on the operation should be required to leave all means of communication in the station and only briefed when they have entered the police vehicles
There is nothing about this case to debate. This lady’s action could have caused the loss of lives – even her own. Jail time seems like the only option. Just a matter of how much. The same crime as Andrew fahie
I was hoping the court of appeal give her crocked a** some jail time she Lucky one cricket cop out the force more to follow
Scatliffe won a case!!!
Difficult to believe!
Score one for Tiffany (ms kniw it all)
One down One to Go Interruption is coming to Powers Majestic Life. Any officer who breaches the public trust deserves to be punished to the fullest extent of the law.
the same of years as her age , that will send a message to those corrupt cops that is still hidden in the police force / she had a good job but didn’t respect it / who knows what she may have done before and gotten away with it ? ( real stupid
Her sentence should not have been a suspended one. This shows that favour is brought to police officers.
these days nothing seems to be fair , she got connections so you can overstand what’s happening behind the scenes , but that drug money is blood money and all those involved in it has blood on their hands and they mand their families will suffer yhe consequences sooner or later for the lives that were taken innocently or not , so let them enjoy their easy blood money / wealth / power ,( KARMA ) WILL BRING YHEM BACK TO REALITY . AMEN is it worth it ? ( portraying a FAKE IMAGE to IMPRESS AND EMPHASIZE YOURSELVES ON YOUR OWN PEOPLE