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Statement of Detective Sergeant Coggie Gibbons

I am a Sergeant in the Bermuda Police and presently stationed at the Narcotics Section.

At 10.38am on Friday the 30th of March 1990 in company with DI Jackson, DS McLean, DS Cleave, DC Field, DC Swift, and other plain clothes Police and Customs Officers, I went to 32 Morgans Road, Warwick, a two storey pink house with white blinds.  I was aware that a Search Warrant under The Misuse of Drugs Act, 1972, was in DC Swift`s possession in respect of this house, which was closed up.

I went to the South side of the house with DC Field and SC Simmons.  We were shouting, "Police! Search Warrant, open up!".  SC Simmons then kicked in the door on that side and we entered the kitchen.

DC Field, SC Simmons and I ran upstairs and went into a bedroom occupying the Southwest corner of that floor.  That room had a small closet, filled with clothes on the floor and hanging from a bar, in its Northwest corner.

I entered the closet, moved some of the clothing aside, and
saw the accused, Jayson John HARVEY pressed up against the far wall in the corner.  I took hold of HARVEY, pulled him out of the closet and placed him face down on the bedroom floor where we handcuffed him with his hands behind his back.  I arrested him for importation of a controlled drug on the 28th of March 1990, and cautioned him. He replied, "What have you arrested me for?  I haven`t done anything".

We then took HARVEY down to the kitchen where we seated him.  There DC Swift showed the Search Warrant to me and DS Cleave and then showed it to HARVEY and explained it to him.

At 10.51am I loosened the handcuffs on HARVEY as a result of his complaint that they were causing him discomfort.  I also explained to him the nature of the reason for his arrest.  Harvey replied, "It`s not my house you can`t show that to me".

At 10.55am DC Field and I left the house with HARVEY and drove to Hamilton Police Station.  I drove and DC Field sat in the rear of the car with HARVEY.  DC Field took notes of the ensuing conversation between us.  I have signed those notes.

At 11.15am we arrived at Hamilton Police Station where we took HARVEY to the gaol area.  There I searched him in DC Field`s presence.  I found a small amount of loose powdery plant material and seeds in the left pocket of the blue jacket he was wearing.  I packaged this in a zip-lock plastic bag.  I showed this to HARVEY, cautioned him, and the following was said:

245: "What`s this?"

H: "Herb".

245: "Whose is it?".

H: "Mine.  It must have been there for ten years - I forgot I had it".

245: "Is this your jacket?".

H: "Yes".

At 11.20am DC Field and I took HARVEY into Interview Room 2 where I searched him.

The following was said,

245: "Do you have any more drugs on you?".

H:"No, I guess you`ll be strip searching me anyways.  It`s the truth, I don`t have nothing".

I then pulled down HARVEY`S red tracksuit pants, his white running shorts and his white underpants.  In the crotch of the underpants I saw two clear plastic sandwich bags each containing plant material.  I seized and examined them.

One contained loose plant material and the other contained loose plant material and a brown leaf.  I showed this to HARVEY and the following was said:

245: "What is this?".

H:"That`s herb".

245: "By `herb` do you mean the controlled drug cannabis?".

H:"Yes".

I then showed him the second plastic bag and the following was said:

245: "What is this?".

H:That`s tobacco leaf.  There is a bit of `herb` in there as well".

245: "What do you use the tobacco leaf for?".

H:"To roll it".

245:What do you mean by "roll it?".

H:"I use the leaf to roll `spliffs`".

245:"By `spliffs` do you mean cannabis cigarettes?".

H:"Yes.  I get a phone call, don`t I?  You were taught by my dad - you know that.  I get one phone call.  I know that".

After a brief consultation by radio with DI Jackson I said, "Yes, you can have a phone call.  You can make as many as you want, if you like.  You are entitled to a lawyer as well".

HARVEY said, "I just want my phone call.  I`ll talk to my dad".

I then took HARVEY to the gaol area and allowed him to make a telephone call.  I returned to the Interview Room, and DC Field and I initialled and dated the exhibits.  I later packaged them in heat-sealed envelopes.

At 8.40pm, that date, DS Cleave and I met with HARVEY at Hamilton Police Station.  DS Cleave reminded him that he was under caution and showed to him a Search Warrant under The Misuse of Drugs Act, 1972, in respect of his house at Ridgeway Road, Pembroke.  He explained that to HARVEY.  HARVEY said, "You can go ahead.  I ain`t got nothing there".  We then took him out handcuffed to my left wrist.

Together with DC Swift we then took HARVEY to his house arriving at 8.50pm.  DS Cleave went to the house and, at 8.57pm, DC Swift and I joined him with HARVEY.  HARVEY`s mother, Patricia Harvey was there.

We entered HARVEY`s bedroom where DS Cleave made a search of it, DC Swift made contemporaneous written notes, and I observed.

DS Cleave seized from the room`s closet, in the Southwest corner, a blue bag and a red "Mundo" brand nylon carryall bag.  The following was said"

217""Is it new?".

H:"You can say that".

31:"Is this your bag?" (showing the red bag).

H:"Yes, it`s my bag, but it`s been searched.  I came in with them both.  They searched them".

DS Cleave then smelled the inside of the bag and held it up for DC Swift and me to smell.  It was empty and smelled of cannabis.

31:"That`s marijuana".

DS Cleave then approached Mrs Harvey with the bag and said, "I don`t know if you know what marijuana smells like".  He held the bag up to her face and she inhaled. 

She said, "No, I don`t".

DS Cleave said, "Well, that`s a strong smell of marijuana".

At 9.45pm DC Swift and I took HARVEY out of the house to the car while DS Cleave remained behind. 

At 9.50pm he returned to the car and at 10.05pm we arrived at Hamilton Police Station where DS Cleave and I took HARVEY back inside.

We then resumed other duties.

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