No release for 5 men as DPP challenges dismissal of cocaine case
Albert Ortiz (top, left), Cesar Abrahim (top, right). In bottom row, from left: Joel Santos, Ronald James, and Candido Quezada.
Local authorities have moved to appeal the dismissal of charges against five men accused in connection with a major cocaine seizure in BVI waters.
The Police Commissioner, through the Office of the Director of Public Prosecutions (DPP), filed a notice of appeal against the dismissal of the case in the Eastern Caribbean Supreme Court on Thursday, September 10.
The appeal challenges Senior Magistrate Tamia Richards’ decision to uphold a no-case submission and dismiss charges of importation of a controlled drug and possession of a controlled drug with intent to supply against the five men.
In the notice seen by our news centre, the appellant has described Magistrate Richards’ decision as “unreasonable” and said it cannot be supported by the evidence in the case.
The men reportedly have not been released from prison.
Defence attorney E Leroy Jones has described the appeal as “frivolous and vexatious”.
“My clients do not have any status in the country. They were brought in from the middle of the ocean on the high seas more than 12 nautical miles of the BVI coast,” Jones told our news centre when contacted to comment.
“They have succeeded and have no more criminal charges against them. They have no immigration rights to be here. They don’t have work permits; they never have. They have no place to stay and they cannot remain in custody because they are free. Keeping them in custody to accommodate the DPP would be manifestly unfair, manifestly unjustifiable and wholly unreasonable in all the circumstances. An attempt of this nature has been attempted before and it didn’t work. they can’t keep them here.”
History of the case
The five men — Joel Santos, Francisco Ortiz, Candido Quezada, Cesar Abrahim and Ronald James — were among six people arrested after police intercepted the cargo vessel C Elizabeth II near Virgin Gorda on December 9, 2025.
The sixth man, Jermife Toribio Vasquez, who reportedly captained the vessel at the time, had pleaded guilty to the charges.
When the case came up in the Magistrate’s Court this week, police testified that they saw people aboard the vessel throwing packages overboard as they approached. Officers later recovered 32 bags from the sea, while three additional bricks of suspected cocaine were reportedly found aboard the vessel. The men were subsequently arrested.
However, Jones argued that prosecutors had failed to establish that the five accused knew about or had control of the drugs. He also challenged the identification evidence, including whether officers could reliably identify the men allegedly seen throwing packages overboard.
Magistrate Richards ultimately agreed that there was no case for the five men to answer and dismissed the charges.
The Commissioner is now asking the Court of Appeal to overturn that decision.
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It comes as no surprise that the DPP is appealing the decision to stop the prosecution on the basis that there is no prospect of securing a guilty verdict – not because the decision was wrong but because the DPP has flawed judgment and legal ability and tries to appeal everything that she loses. Has she ever won an appeal?
There were 6 people on the boat. One admitted his guilt, the others said they had nothing to do with the drugs. The police saw three persons throwing drugs over the side, but could not identify which of the six were throwing the drugs. There was no mother evidence link inf anybody but the captain to the drugs.
It is obvious that such evidence could not convict all six – in fact it was evidence that confirmed that there was no evidence that at least 3 were involved. The police did not know which three were involved – so none of the remaining five could be convicted. The DPP should never have taken the five, other than the captain who admitted his guilt, to trial.
If it were any where else losing so many durg cases might prompt and investigation into her.
On one hand we got politicians pocketing and mishandling tax money
On the next hand we got dpp wasting the tax money plenty loses and unnecessary appeals
In the middle we got the greedy wealthy elites trying to take home 700% in profits all year round.
You telling me police couldn’t recognise non of these ugly faces from a distance??
Wa kinda defence that is
Dpp don’t got no shame that of all people Leroy beat them?? Wow
She is so weak the Dpp is left prosecuting cases after all parties have made withdrawal statements with no interest in having the case move forward,,, what a shame and waste of tax payers dollars
Put Malcolm lawyer on this …..
Just leave it to BVI to make sure crime is poorly investigated and prosecuted.
I ain’t no lawyer and no fan of Leroy Jones, but why is he responding in the press? File an immediate writ to have the men brought before the High Court to challenge the decision to keep them detained. They were freed of the charges so to keep them locked up I’m sure is unconstitutional.
If u know him he loves money
Their faces will be in frames and on the walls of the HOA soon enough.
The DPP is correct on this one . The officers saw them throwing over the bales , the came aboard and found 3 keys of coke in the boat . The captain pleads guilty to having cocaine on the boat , the other 5 guys threw the drugs off the boat . How you mean then didn’t have knowledge of the drugs on the boat . Please and you wonder why the police don’t care to perform their duties.
@ DPP
The DPP is wrong as the police said they saw people throwing packages from the boat but that is not sufficient as they need to state how many persons and identify these persons via video or camera not just eyewitness evidence. The Prosecution has a right to appeal(even though i cannot see how she is going to win unless she has more evidence) and the fact that none of the would be appellants reside here they are a flight risk and cannot be freed until the appellate process is concluded.
Im from here ,but you cant serve justice
Now that’s an interesting point.
Another example that DPP is cr**ked and inept. UK NOW
Castrate v all of them and I will pay $100.00 . For a ballz for my pitbull trump he will be delighted to feast on them properly seasoned and barbecued you will have to see how happy trump does be after feasting on those ballz , to believe it , only an angel could look better . Anyway am applying for the (12) ballz .
Bring in a uk prosecutor to deal with it .
Thank God Jackey is not over the police .
Tamia needs to go
Stop blaming the DPP y’all need to understand that the same police keep sabotaging the evidence of that case and many other cases. and if the DPP don’t do the right thing is going to cost the country more money over lawsuits. it’s easy to come here and talk without having any knowledge of how law system works. you should ask Malcom how he get His money and learn.
Corrupt greedy lawyers defending corrupt outsiders that’s the state of the BVI.
You want to be a successful criminal come to the BavI…You get caught, it’s not guilty…We are not serious in this place…Two things, 1/ Police rush investigations, not enough evidence will set you free, or you have the money give it to the right people will set you Free…
SO ARE YOU SAYING THE WANNABE PASTOR FROM ” CGB ” IS A LIARD ? HE WENT ON ( TV ) AND HOLLERED OUT THAT ” WE DONT HAVE ANY CORRUPTION HERE ” PLEASE DON’T INSULT THE “QUIET HYPOCRITE ” LIKE THAT