Special Constable Simmons statement
I am a Customs Officer and
Special Constable, presently attached to the Narcotics Department of the Bermuda
On Wednesday 28th March 1990 I was on duty at the Civil Air Terminal, St
Shortly after 1500 hours that same date I received certain information from
Detective Sergeant McLean pertaining to the arrival of two G.E. 26 inch T.V.
sets which were at the Freight Shed. I also became aware that the
television sets were to be examined later that evening by a joint team of
Narcotics and Customs Officers
About 1720 hours on that same date I was present at the Freight Shed along with
Sergeant McLean, DC Providence, DC Bourne and Customs Officers Rodill, Sean
Pitcher, Scott, Brown, T Simons and O Pitcher. There I saw two 26 inch G.E.
color television boxes situated in the U.S. Air Section of the Freight Shed.
DC Providence took photographs of the two television boxes. Constable
Bourne took notes of the proceedings.
At 1730 hours Customs Officer Rodill opened one of the television boxes.
It contained a 26 inch G.E. television Serial number 945560102. He then
removed the back panel of the set. Attached to the back panel was a shiny
piece of metal covering the air vents.
There were four packages wrapped in silver grey duct tape inside the television.
DC Providence took photographs of the opened television showing the packages.
Customs Officer Rodill took out the four packages from the television set and
handed them to me. I placed the packages into a green plastic bag and
secured them. Rodill also handed me a piece of cardboard with
"VANS" written on it.
Customs Officer Rodill then opened the second television box. This one
also contained a G.E. 26 inch T.V. Serial number 905560078. Again he
removed the back panel of the set revealing a shiny metal covering the air
vents. There were two packages wrapped in silver grey duct tape inside the
DC Providence took photographs of the television showing the packages inside it.
Customs Officer Rodill removed the two packages as well as two pieces of
cardboard from inside that television set, which he handed to me. I placed
all those items - the two packages and two pieces of cardboard into a separate
Some of the packages taken from both televisions had some kind of writing on
them. DC Bourne made a record of the markings.
The televisions were replaced into the boxes and sealed or taped by Customs
Officer Rodill. They were left in the U.S. Air Section at the Freight
At 1844 hours that same day I accompanied Sergeant McLean and DC Bourne to the
Narcotics Office, Police Headquarters, with the trash bags containing the
packages. At the Narcotics Office I kept control of the packages.
At 1945 hours I was present and observed Customs Officer Sean Pitcher cut open
two of the packages and remove a small sample of plant material from each of
them. He then retaped the cut packages with evidence tape and handed them
back to me. I later secured all the packages.
Pitcher took the small samples of plant material, placed them in small ziplocked
plastic bags and placed them in two new packages that were made up to replace
the original ones which were removed. I was aware that those new packages
were to be replaced in the televisions.
At 2138 hours that same date, at the Narcotics Office, I was present when
Customs Officer Rodill placed the substitute packages into the television sets.
He placed three in one set and two in the other. DC Providence then took
photographs of the sets containing the substitute packages. Rodill then
refitted the backs of the televisions and secured them in their boxes. I
then took full control of the boxes containing the televisions.
At 2215 hours DC Bourne and myself conveyed the two television sets back to the
Freight Shed at the Civil Air Terminal. They were replaced in the U.S. Air
At 1135 hours on Thursday 29th March 1990 I took the plastic bags containing the
packages and handed them over to Sergeant Cassidy at the Finger Printing
On Friday 30th March 1990 due to information received I became aware that the
same televisions which DC Bourne and myself took back to the Freight Shed on the
night of Wednesday 28th March, were to be delivered to an address on Morgans
Road in Warwick by Rafur Trucking.
About 1040 hours that same date together with other Officers I attended the
residence of the defendant Dwight Hatherley on Morgans Road in Warwick, to
execute a Search Warrant under the Misuse of Drugs Act, in connection with the
television sets. Upon arrival, together with other Officers I went to the
Southern side of the premises. This was a pink house on the Western side
of the road.
I was aware that other Officers were to the Front door.
I knocked on the door several times and shouted "Police", but no one
responded. I forced the door to gain access.
I entered the premises into the kitchen. Other Officers followed me
inside. I went into the front or living room, where I saw other Officers
entering the same room from the front door.
I also noticed a man that I now know to be the defendant Dwight Hatherley.
He was quickly approached and detained by other Officers.
I left the living room and went upstairs with DS Gibbons, DC Field and other
DS Gibbons, DC Field and myself went to a bedroom situated in the South Western
side of the house.
DS Gibbons found a man now known to me as Jason Harvey in the closet of the
bedroom. I assisted in the handcuffing of Harvey. DS Gibbons
arrested him for importation of a controlled drug and cautioned him.
Harvey replied, "What have you arrested me for, I haven`t done
I then went into the living room, where I again saw the defendant Hatherley.
He was handcuffed and kneeling down.
I also noticed the two large G.E. television boxes in the living room.
Most of the other Officers had left the building and went outside.
Sergeant McLean, DC`s Swift, Bourne and I were in the living room with the
defendant Dwight Hatherley.
At 1044 hours Constable Bourne began the search. Constable Swift recorded
notes of the events.
I was present when Constable Bourne seized several items from the living room
and on the person of the defendant. He handed them to Constable Swift.
While searching the kitchen area the defendant Hatherley made a comment saying,
"What`s this about?".
DC Bourne replied by reminding the defendant that he was arrested in connection
with conspiracy to import a controlled drug. DC Bourne also said, "Do
Hatherley said, "Yeah".
DC Bourne then continued to search the premises. Other items were seized
from the kitchen area and handed to DC Swift.
At 1120 hours DC Providence, the Police Photographer arrived at the scene and
took photographs of the living room and its contents. He also photographed
the front door and the damaged door to a bedroom on the Northern upper floor of
After the photographing we went upstairs to the same bedroom where Jason Harvey
was apprehended. Hatherley indicated that he shared that room with his
mother and sister.
I assisted DC Bourne in the searching of that bedroom. Again DC Swift made
notes of items seized and all conversation that took place with the defendant
Upon completion of the search upstairs the search party including the defendant
Hatherley moved back downstairs to the living room.
Sergeant McLean had a conversation with the defendant Hatherley about seizing
the two television sets. DC Swift made notes of the entire conversation.
At about 1313 hours while in the living room the telephone rang. I
answered the phone. A female on the line identified herself as Hatherley`s
mother and indicated that she wanted to speak with Dwight.
I covered the phone with my hand and spoke aloud saying that it was Dwight`s
mother who wished to speak to him. I was in the process of handing the
phone to Sergeant McLean when the defendant said, "I don`t want to talk to
her. Tell her I am busy".
I then informed the caller of Dwight`s message. She then gave me a
telephone number # 293 9161 where she could be contacted. At the end of
the conversation I repeated the number which DC Swift recorded.
DC`s Swift and Bourne were then engaged with Hatherley in counting cash that was
seized from the house.
I assisted Sergeant McLean in moving the televisions into a Police vehicle.
About 1325 hours together with WDC Vickers we conveyed the defendant Hatherley
to Hamilton Police Station where we arrived at about 1343 hours. Constable
Swift then joined Hatherley and myself in the gaol area.
DC Swift continued to make notes as the defendant Hatherley was being processed
(documented) by the gaoler.
On Saturday 31st March 1990 I was on duty at the Narcotics Department. At
about 1200 hours together with DS Gibbons, DC`s Swift and Field, I conveyed the
two television sets that were seized from Hatherley`s residence, on Morgans
Road, to the Scenes of Crime Office. The television sets were left with DS
About 1250 hours that same date, myself and Sergeant McLean took a cardboard box
containing four plastic bags with the plant material which was removed from the
television sets from the Narcotics Office, and conveyed it to (S.O.C.O) Scenes
of Crime Office.
Present at the Scenes of Crime Office were DS Cassidy, DS McLean, DC`s
Providence, Greene, Swift, Richardson and Bourne as well as both defendants
Dwight Hatherley and Jason Harvey.
The two television sets were on the floor.
DC Swift kept notes of the entire proceedings.
DS Cassidy and DC Providence removed the back panel of the televisions.
Inside one set I saw two packages wrapped in grey duct tape. In the other
there were three similar packages wrapped in grey duct tape.
DS McLean reminded the defendants that they were still under Caution, and
pointed out to them that the sets were the same ones which were taken from
Hatherley`s residence the day before.
A conversation went on between Sergeant McLean and both defendants. Both
defendants made comments and asked questions as Sergeant McLean showed them
packages which were taken from the sets.
All the packages were removed from the television by DS Cassidy who cut them
open. There was a total of five packages. Two from one set and three
from the other.
Two of the packages contained controlled samples of plant material - Cannabis.
Sergeant McLean also explained to the defendants that the original contents of
the television sets were removed and replaced by a substitute matter.
Sergeant McLean also showed the defendants the four plastic trash bags
containing the Cannabis/plant material that were removed from the television
sets. He also showed them the original packages from which the Cannabis
On completion of those proceedings together with Sergeant McLean, I returned the
plastic bags containing the Cannabis to the Narcotics Office where it was
The television sets were left with DS Cassidy for further examination.
Later that same date I was part of a team of Officers who went to Dudley Hill,
Paget to conduct two searches in connection with the Hatherley investigation.
I took no active part in those searches.
At 14.30 hours on Monday 30th April 1990 together with Sergeant McLean and DC
Bourne and in the presence of DS Cassidy I removed the television sets from the
Scenes of Crime Office and secured them in an exhibit room
at Police Headquarters.