Police Commissioner Appeals Dismissal of Charges in
The Commissioner of Police has filed an appeal against Senior Magistrate Tamia Richards' decision to dismiss major drug charges against five men intercepted aboard the cargo vessel C Elizabeth II. Defence attorney E. Leroy Jones has condemned the appeal as frivolous and strongly criticised the continued detention of his clients following their dismissal.
The legal battle surrounding one of the British Virgin Islands' major recent cocaine seizures has escalated after the Commissioner of Police moved to challenge the dismissal of charges against five men implicated in the case. Through the Office of the Director of Public Prosecutions, the Police Commissioner filed a notice of appeal in the Eastern Caribbean Supreme Court challenging Senior Magistrate Tamia Richards' decision to uphold a no-case submission.
The notice of appeal characterises the Magistrate's ruling as unreasonable and asserts that it cannot be supported by the evidence presented during the trial. The dismissed charges included importation of a controlled drug and possession of a controlled drug with intent to supply.
The five men involved are Trinidad and Tobago nationals Cesar Diaz Abrahim and Ronald James, Dominican Republic nationals Joel Santana Santos and Francisco Mejia Ortiz, and St Kitts and Nevis national Candido Rois Quezada. They were among six individuals detained after law enforcement intercepted the cargo vessel C Elizabeth II in waters near Virgin Gorda on December 9, 2025.
During the trial, which began in May, police witnesses testified that officers on maritime patrol approached the cargo vessel during the early morning hours and saw several individuals moving quickly on deck while throwing packages overboard. Law enforcement subsequently recovered 32 bags of suspected cocaine from the sea and later found three additional bricks aboard the ship after escorting it to Port Purcell.
The vessel's captain, Jermife Toribio Vasquez, pleaded guilty, while the remaining five defendants maintained their innocence. Senior Magistrate Richards dismissed the charges after defence attorney E. Leroy Jones successfully argued that the Crown failed to establish a prima facie case.
Under cross-examination, a key police officer conceded that while he saw people tossing packages into the water, he could not identify specific individuals due to poor lighting, the distance between vessels, and the height difference between the cargo ship and the police interceptor.
Despite the dismissal, the five men reportedly remain in custody, prompting strong pushback from their defence counsel. Jones condemned the appeal as frivolous and vexatious, arguing that keeping the men detained without charges is unlawful and manifestly unfair. He emphasised that the defendants were intercepted on the high seas, hold no legal immigration status, possess no work permits or accommodation in the territory, and have no remaining charges against them.
The case will now proceed to the Eastern Caribbean Supreme Court's Court of Appeal, which will determine whether the evidence was sufficient to require the men to present a defence.
Primary source: BVI News