DC 375 statement

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Statement:

I am Rudolph Gideon Richardson, Detective Constable 375, presently attached to the Narcotics Department of Bermuda Police Service.

About 3.30pm on Thursday 27th of March, 1990, I was on duty in plain clothes at the Narcotics Office, Prospect.  As a result of certain information received, DC Greene and I went to the vicinity of a residence called "The Harveys" at No. 26 Morgans Road, Warwick, where we began to conduct observations.

About 5.15pm the same day, I saw a blue van marked "Rafur Trucking Ltd" reverse into the driveway of this residence.  There were two men in this vehicle.  One of them, the driver, went to the residence.  After a brief conversation with a male occupant, he returned to the van and drove away without delivering anything.

Following the departure of the van I informed the other Officers involved in the operation via the Police radio of what had transpired.


I remained in position and continued to observe the proceedings.  I saw DS Cleave and DC Greene go into the residence "The Harveys" which was under observation.

They returned a short while later.  DC Greene and I then left for the Narcotics Office.

At 10.00am the following day as a result of information received, DC Greene and I were on duty when we returned to the vicinity of the residence "The Harveys" at No. 26 Morgans Road, Warwick.  There we began to conduct observations.

Approximately 10.30am the same day, I saw a blue van marked "Rafur Trucking Ltd" drive to the vicinity of the residence "The Harveys".  It then began to reverse into the driveway of a residence situated on the southern side of "The Harveys".  There were two males in the van.  Both of them took a box from the blue van into the house where the van reversed.  Two other men, one of them I know to be Dwight, who were outside the residence took another box from the van into the same house.

Following that, the other person I now know to be Jason Harvey joined the two men in the blue van and they drove towards Middle Road.

A short while later Jason ran from the Middle Road area and entered the residence in which the two boxes were taken.  I then informed the other officers that Jason had returned to the residence.  I remained at my position.

I was aware that DC Swift was in possession of a Search Warrant, issued under the Misuse of Drugs Act in respect of
this residence.

Shortly afterwards Officers including DS McLean, DC`s Swift and Bourne circulated this residence.

DC Greene and I then began to make our way to the house.

On arrival, I saw that Officers including DS McLean, DC`s Swift and Bourne had gained entry into the house.

I went into the house and after I ascertained that the situation was under control I occupied a guard position outside.

DC Greene and I later returned to the Narcotics Office.

Several Officers including DS McLean, DC Swift and Bourne remained at the residence.

At 5.35pm the same day, DC Greene and I met with Jason Harvey in an interview room at the Hamilton Police Station.

DC Greene identified us to Harvey and told him that we were conducting enquiries into the importation of two televisions which contained plant material resembling Cannabis which we seized in his presence at Dwight Hatherley`s house.  Harvey shook his head in the affirmative.  DC Greene then told Harvey that he wished to ask him some questions.

DC Greene then wrote out a Caution.  He read it to Harvey and asked him if he understood it.

Harvey replied, "Yes".


DC Greene asked him, "What do you understand, what I have just said or rather what I have just read to you to mean?".

Jason replied, "I have the right to say and do as I want".

Harvey then asked to speak to his Lawyer - Mr Hector.

At 5.30pm the interview terminated and Harvey was allowed to call his Lawyer.

About 6.00pm that day Mr Hector came to the Hamilton Police Station and had a conversation with Harvey in an interview room.  Mr Hector left the Station approximately 6.10pm the same day.

DC Greene and I then rejoined Harvey in the interview room.

On entering the room Harvey said, "I want to tell the truth, the honest truth".

DC Greene then said to Harvey, "Are you suggesting at this time that you want to make a voluntary statement?`.

Harvey replied, "Yes, I`ll tell you everything I know".

DC Greene then said to him, "Jason, I am going to write a Caution which I`ll read to you".

Jason replied, "Yes".

DC Greene then wrote out a Caution and read it to Harvey who signed it when DC Greene invited him to do so.  DC Greene and I co-signed it.

At 6.15pm that day Harvey began to dictate his statement.  DC Green recorded it.  On completion Harvey read over the statement aloud.  He then initialled the corrections and signed the record.  He also wrote out the caption at DC Greene`s dictation.

DC Greene then concluded the statement by writing the certificate.  We counter-signed the record.

Following that Harvey was taken to the cell area.

About 9.58am on Saturday 31st March, 1990, I went to the cell area of the Hamilton Police Station.  There I saw the defendant Hatherley.

I said to him, "Dwight what`s happening?".

He replied, "I saw you yesterday and I want to talk to you because I think this is a set up".

I said to him, "I have to go now but I will come back to talk to you later".

I then left for the computer room at the Hamilton Police Station.

At 10.07am the same day, I went to Dwight`s cell and said to him, "Really you don`t have to say anything to me or any other person.  You have been arrested and that`s your right".

He replied, "I don`t want you guys to think you set me up because I saw you on the field yesterday and I am really pissed off with you guys".

I said to him, "Why are you speaking to me like this?  You have never spoken to me like this before.  I don`t disrespect you.  I have a job to do.  Sometimes you have to deal with people who you know but you can`t mix business with friendship".

Dwight replied, "I understand that.  I know you have a job to do.  I don`t disrespect you either".

I then said to him, "You are involved in a serious case and I suggest that you get a Lawyer.  It`s entirely up to you whether or not you get one but it may be in your best interest to get one as soon as possible".

Dwight replied, "I have been trying to get Julian Hall because I know it`s a serious case".

I then said to him, "How do you know its a serious case?".

He replied, "Because I understand that plenty drugs are involved".

I then said to him, "To whose residence the televisions were delivered?".

Dwight replied, "Mine".

I then said to him, "Whose name was on the documents?".

He replied, "A neighbour".

I said to him, "Who paid the fee to the delivery van?".

Dwight replied, "Me".

I said to him, "Did anyone else contribute towards the fee?".

He replied, "No, I paid it by myself".

I then said to him, "Dwight I have to go but I think you need some time to think about the situation.  I will come back to see you later".

Dwight replied, "Okay".

I then left him and went to the Narcotics Office.  There I informed Detective Inspector Jackson and DS McLean of the conversation between Dwight and I.  Following that I made notes of it.

At 11.15am that day, DC Greene and I met with the defendant Hatherley in an interview room at the Hamilton Police Station.  I introduced Dwight to DC Greene and said to Dwight, "We are here to talk to you about what you told me this morning".

I then said to him, "You don`t have to say anything to us if you don`t want to.  That`s your right".

Hatherley replied, "I know that but I don`t mind talking to you.  You guys have a job to do".

Dwight and I had a conversation which DC Greene recorded.

During the conversation Dwight asked to speak to his Lawyer - Julian Hall.

At 11.50am that same day, Hatherley left the interview room to call Mr Hall.

At 12.00pm, he returned to the interview room.  He stated that he did not get his Lawyer.

I then gave Hatherley the telephone directory and told him that he could contact another Lawyer if he desired.  He refused the offer, insisting that he only wanted Mr Hall.  The conversation ended at 12.20pm that day.

Approximately 12.45pm that day, DC Greene and I went with the defendant Hatherley to the Scenes of Crime Office at Prospect.

Shortly afterwards, DS McLean and DC Swift arrived with the defendant Harvey.

Hatherley and Harvey were later seated in the Scenes of Crimes Office.

DS Cassidy, DS McLean, DC Swift, DC Bourne, DC Greene, SC Simmons and I were present with Hatherley and Harvey.

The back of the televisions were removed by DS Cassidy and DC Providence.  I saw that one of the televisions contained three packages.  The other contained two packages.  These packages were covered by grey duct tape.

DS McLean reminded the defendants that they were still under Caution.

DC Providence took photographs of the packages.  Following
that DS Cassidy removed them.  Each one was then cut open.  Three of them contained shredded paper.  The other two contained plant material.

Two of the packages contained a zip-locked plastic bag containing a small quantity of Cannabis.

All the items were shown to Hatherley and Harvey.

DS McLean told the defendants that the original contents of the televisions had been taken out and replaced with the substitute materials.

DS McLean showed the defendants four large trash bags containing the plant material resembling Cannabis which he told them was the original contents of the television sets that were taken out.

DC Swift kept contemporaneous notes of the proceedings.

Following the photographic session DC Green and I transported Hatherley to the entrance of the Narcotics Office.  There he remained and was fed in the Police vehicle.

About 2.00pm that day, DS McLean, DC Swift, DC Greene, other Officers and I went with the defendant Hatherley to his grandmother`s (Mrs Gladys Williams) residence at Dudley Hill, Paget.

I was aware that DC Swift had a Search Warrant issued under the Misuse of Drugs Act and pertaining to the residence.  He gave it to Mrs Williams.  She appeared to read it before giving it back to him.

I then occupied a guard position at the main entrance to the residence.

The search ended at 2.27pm.

Following the search, DC Greene and I sat with the defendant Hatherley in a Police car, awaiting the arrival of Officers who were otherwise engaged at a nearby residence.

Whilst there Dwight`s sister, a person I now know to be Kim came to the Police car and began a conversation in our presence with him.  DC Greene made notes of the conversation which follows:

Sister, "Dwight, what about the loan?".

Dwight, "The payment has to be made by the 6th of every month".

Sister, "Where do you make the payment?".

Dwight, "Ask for loans or consumers loans".

Sister, "Why did you do this to us?".

Dwight, "Look after everybody for me.  Don`t worry about me".

The defendant Hatherley was later taken to the Hamilton Police Station where he was detained.

At 4.10pm that day, DS McLean, DC Greene, DC Bourne, other Officers and I went with the defendant Hatherley to the
residence of Lisa Tucker, his girlfriend who lived at Princess Street, Pembroke.

DC Swift had a Search Warrant issued under the Misuse of Drugs Act in respect of Tucker`s residence.

On arrival I occupied a guard position at the main entrance of Tucker`s residence.  Several Officers including DC Swift and Bourne entered the residence.  I remained in position until the search was completed.

DC Green and I then transported Hatherley to the Hamilton Police Station where he was detained.

Approximately 11.45am on Sunday 1st of April, 1990, DC Greene and I again met with the defendant Hatherley in an interview room at the Hamilton Police Station.

Upon entering the room Hatherley said, "I don`t want to say anything to you guys.  I want to talk to the Sergeant.  I have information that will make you guys head spin, but it don`t make sense talking to you because you have to report to your Sergeant.  I might as well speak to your Sergeant.

Hatherley was taken to his cells.  During his dentention DC Greene arranged for DS McLean to come to the Station.

At 1.20pm that day, DS McLean attended the jail area of the Hamilton Police Station.  DC Green then informed him that Hatherley would like to speak with him.

DS McLean then told PC Roberts, the jailer, to bring Hatherley from his cell.  PC Roberts left and shortly afterwards he returned to the reception area with Hatherley.

Hatherley said to DS McLean, "I want to speak to you".

DS McLean replied, "I don`t want to speak to you one on one.  I want these Officers present".

Hatherley replied, "I want to speak to you alone".

DS McLean instructed the jailer to record Hatherley`s request.

DS McLean and Hatherley then went into an interview room.

About 1.33pm that day, they returned and Hatherley was placed in his cell.

At 4.33pm that day, along with DS McLean, DC Swift, and DC Greene, I returned to the jail area at the Hamilton Police Station.  Hatherley later joined us and he requested to speak to DS McLean by himself.

DS McLean and Hatherley then went into an interview room.

At 1640 hours that day, they returned to the jail reception area.

Hatherley was then placed in his cell.

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