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Statement of DC 386 Sean Field

I am Detective Constable 386 Sean Thomas Field, presently attached to the Narcotics Department of the Bermuda Police Service.

About 10.38am on Friday the 30th of March 1990, in company with DI Jackson, DS McLean, DS Cleave, DS Gibbons, 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.

I went to the south side of the house with DS Gibbons 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.

DS Gibbons, SC Simmons and I ran upstairs and went into a bedroom situated in the Southwest corner of the second storey.  The bedroom had a small closet filled with clothes on the floor and hanging up on a bar.  The closet was situated in the northwest corner of the room.

DS Gibbons entered the closet and a short time later pulled a man, I now know to be JASON JOHN HARVEY from the closet.

HARVEY was placed faced down on the bedroom floor where we handcuffed him with his hands behind his back.  DS Gibbons arrested HARVEY for importation of a controlled drug on the 28th March 1990.  DS Gibbons cautioned HARVEY.  He replied, "What have you arrested me for I haven`t done anything". 

HARVEY was escorted downstairs and was taken to the kitchen where he was placed in a chair.  I began to make contemporaneous notes of the events that transpired.  DC Swift showed the search warrant to DS Gibbons and DS Cleave.  DC Swift then showed it to HARVEY.  HARVEY then said "It`s not my house you can`t show that to me".  DS Cleave then explained the search warrant to HARVEY.

At 10.51am Harvey complained of handcuffs being too tight.  DS Gibbons loosened handcuffs and explained to HARVEY the reason for his arrest.

At 10.55am DS Gibbons and I left the residence with HARVEY  and conveyed him to Hamilton Police Station.  DS Gibbons drove.  I sat in the rear with HARVEY.  A conversation took place between us.  I took notes of the conversation.

At 11.15am we arrived at Hamilton Police Station and escorted HARVEY to the jail area.  DS Gibbons searched HARVEY in my presence.  DS Gibbons found a small quantity of loose plant material in left pocket of blue jacket that HARVEY was wearing.  DS Gibbons placed plant material in a plastic zip lock bag.  DS Gibbons showed the bag to HARVEY and cautioned the defendant.  The following conversation took place:

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 DS Gibbons and I escorted HARVEY to the Northern Interview (#2) room.

The following conversation took place.

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".

DS Gibbons then searched HARVEY.  In the crotch of his underpants I saw two clear plastic sandwich bags each containing plant material.  DS Gibbons seized them.  DS Gibbons examined the bags and I saw that one bag contained loose plant material and the other bag contained loose plant material and a brown leaf.  DS Gibbons showed the two bags to HARVEY and the following conversation took place:
         
245: "What is this?".

H:"It`s herb".

245:"Where did you get it?".

H:"On the streets".

245:"When did you get it?".

H:"I got it yesterday".

DS Gibbons showed HARVEY the first plastic bag containing loose plant material.  The following conversation took place:

245:"What is this?".

H:"That`s herb".

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

H:"Yes".

DS Gibbons then showed HARVEY the second bag containing the plant material and the brown leaf.  The following conversation took place.

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".

DS Gibbons then had a brief conversation via radio with DI Jackson.

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

HARVEY was escorted to the jail area and he was allowed to make a phone call.  In the Interview Room I signed the exhibits in the presence of DS Gibbons.

I then concluded my notes and I had DS Gibbons sign the notes.

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