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Swift cont'd 1

The author's Statement for the Hatherley enquiry

I am the above named Detective Constable, presently attached to the Bermuda Police Narcotics Department.

At about 10.15 am on Friday, 30th March, 1990, as a result of information that I received , I left the Narcotics office and went to Jubilee Road, Devonshire, where I obtained a search warrant, under the Misuse of Drugs Act, from Justice of the Peace, Mr. Ming.  The warrant related to the residence at Morgans Road, Devonshire, occupied by Dwight Hatherley.

At about 10.40am, the same day, as a result of information received, I entered the residence at Morgans Road, Warwick, following Detective Sergeant McLean, Detective Constable Bourne and Customs Officer Simmons.  We entered via the back door which is situated on the South side of the house at the South West corner.

Customs Officer Simmons knocked upon the door as we stood beside him.  I could hear running around inside and I remained by the back door for security purposes as Customs Officer Simmons kicked the back door open and entered the premises with Detective Sergeant McLean and Detective Constable Bourne.

I waited for a short while at the back door then entered the kitchen area where I saw Detective Sergeant Cleave in company with a man who I now know as Jason Harvey.

At 10.42am Detective Sergeant Cleave informed Harvey that he was being arrested on suspicion of importing a control drug and cautioned him in accordance with Rule two (2) of the Judges Rules.

I handed the search warrant to Detective Sergeant Cleave and he showed the warrant to Harvey.  I began to record contemporaneous notes of what transpired.

Harvey said, "It's not my house, you can't show that to me".

At 10.44am I left Detective Sergeant Cleave with Harvey and went to the adjacent living room where I saw Detective Constable Bourne and Customs Officer Simmons and a man who I now know as Dwight Hatherley.

Detective Constable Bourne informed Hatherley that he was being arrested in connection with a conspiracy to import what we suspected to be a controlled drug, and then cautioned him in accordance with Rule two (2) of the Judges Rules.  Hatherley said nothing and Detective Constable Bourne handcuffed him.

Hatherley was kneeling upon the floor, facing North, beside the South wall, his hands cuffed behind him and I
cautioned him in accordance with Rule two (2) of the Judges Rules and showed him the warrant.
                                
I said, "Do you understand that?".

At 10.45am Hatherley said, "No I don't".

I then explained the issue, and implications of the search warrant as they applied to him.

Hatherley said, "No problem".

At 10.49am Detective Constable Bourne began to search the living room whilst Customs Officer Simmons and Hatherley were present.  I continued to record notes of the events which included making a quick sketch plan of the room.

Hatherley expressed discomfort and requested Sergeant McLean to loosen the handcuffs.

Detective Sergeant McLean joined us and loosened Hatherley`s handcuffs.

The room was unfurnished other than a permanent `bar` fixture protruding from the West wall enclosing the North West corner.  There was a cardboard box against the East wall which had several pieces of styro foam resting in it, and a plastic bag adjacent to this.  Two (2) large boxes were present near the room`s centre and these were marked as twenty six (26) inch `G.E.` television sets.

The television boxes were adjacent to one another, their longest sides running parallel with the West wall.  I went to the North (short) side of the boxes and marked each of them with a red ink ball pen.  The box nearest to the East wall I marked with the figure `1` which I circled, the other box I marked in the same manner, but with the figure `2`.  I placed both marks in the circle of unmarked cardboard created by the loop of the figure six (6) printed upon the box.  The box that I had marked `1` was open at its top, the flap being laid open and rested upon the television adjacent to it.

Detective Sergeant McLean said, "What is Mr Harvey doing here?".

Hatherley said, "He`s my friend".

On the floor near to the South wall were a small collection of papers.  Detective Constable Bourne seized these and handed them to me.  The papers consisted of a `Rafur`s Services` invoice numbered 10619, an Airway Bill numbered 10619 and a Bill of Entry bearing the number G00294.

At 10.50am Detective Constable Bourne commenced a search of the bar in the North West corner of the room and handed to me two (2) music records `Forty fives` (`45`s`) the covers of each had handwriting upon them and which were beside a telephone bearing the number `236 1620`.

Detective Constable Bourne said, "How much rent do you pay here?".

Hatherley replied, "I don`t know, my Grandfather pays it".

Detective Constable Bourne continued to search seizing two  (2) telephone directories from the `bar` at 10.52am.

At 10.53am Hatherley said, "Could you loosen the handcuffs please?".

Detective Sergeant McLean loosened the handcuffs.

At 10.54am Detective Constable Bourne conducted a personal search of Hatherley.  From Hatherley`s front, left hand, jean trouser pocket Detective Constable Bourne removed a small `Louis Vuitton` purse which contained a single twenty five cent (25c) piece.  There were five (5) keys attached to the ring one of which was a `Louis Vuitton` key.

From Hatherley`s front, left hand, trouser pocket Detective Constable Bourne removed three (3) Bermuda one hundred dollar ($100) bank notes.

From Hatherley`s right, back, trouser pocket Detective Constable Bourne removed two (2) pieces of paper, both of which bore handwriting.  One refered to `A.S.B. Cargo and Trucking`, the other began `Wanted immediately`.

Detective Constable Bourne handed all of these items to me, and the search of Hatherley was concluded at 11.00am when, in company with Detective Constable Bourne, Customs Officer Simmons and Hatherley we moved to the kitchen area.

Detective Sergeant Cleave and Harvey were no longer present.

Detective Constable Bourne continued to search and I recorded notes making a sketch plan of the area.

At 11.06am Hatherley said, "What`s this about?".

Detective Constable Bourne said, "I told you earlier and I`ll tell you again, you`ve been arrested in connection with a conspiracy to import a controlled drug.  Do you understand?".

Hatherley said, "Yeah".
Detective Constable Bourne then cautioned Hatherley in accordance with Rule two (2) of the Judges Rules and said,
"Do you understand that?".

Dwight said, "Yeah".

Detective Constable Bourne continued to search the premises.

At about 11.13am I said to Hatherley, "Does everything here belong to you".

Hatherley replied, "No, nothing here belongs to me, my Mother, my younger sister and my Grandfather lives here".

At 11.16am Detective Constable Bourne said, "What`s your Grandfather`s name?".

Hatherley replied, "Edward Williams".

Detective Constable Bourne continued to search the kitchen area.  From a drawer at the North end of the work-surface unit Detective Constable Bourne removed four (4) screw drivers and a pair of pliers, and said to Hatherley, "Who do these screw drivers belong to?".

Hatherley replied, "They belong to me".

Detective Constable Bourne said, "These your pliers too?".

Hatherley said, "No".

Detective Constable Bourne seized all of the tools and continued with the search.

At 11.20am Detective Constable Providence attended the address and Detective Sergeant McLean introduced him to Hatherley as a Police photographer when we returned to the living room.

Detective Sergeant McLean said to Hatherley, "Are these two T.V.`s yours?".

Hatherley replied, "Yes they are mine".

Detective Constable Providence then began to photograph the living room and its contents in the presence of Detective Constable Bourne, Customs Officer Simmons, Hatherley and myself.  Hatherley remained silent throughout this proceedure which was concluded at 11.32am when we moved upstairs.

At the top of the stairs the door to the left (North) was smashed, there being a hole in it, and open.

Detective Sergeant McLean said, "Whose bedroom is that?".

Hatherley replied, "My Grandfather`s".

Detective Sergeant McLean said, "You mentioned that he has a `phone extension".

Hatherley said, "Yes, in there",

Hatherley nodded toward the broken door.

The area was photographed by Detective Constable Providence.

At 11.37am we returned to the kitchen area and Detective Constable Bourne commenced a search of the area below the stairs informing Hatherley that he should watch as the search was conducted.

Detective Constable Bourne said, "Where do you work?".

Upon the floor was a box containing liquor bottles.

Hatherley said, "All that stuff belongs to my mother, I don`t drink".

On top of the work surface was a collection of envelopes.  I said to Hatherley, "Mister Edward Williams who`s that?".

Hatherley replied, "My Grandfather".

Detective Constable Bourne said, "What is your Mother`s name?".

Hatherley replied, "She`s name Pamela Hatherley".

Detective Sergeant McLean said, "What`s your sister`s name?".

Hatherley said, "Nickia Howell".

At 11.46am I asked Hatherley, "Which of the bedrooms upstairs is yours?".

Hatherley replied, "The one to the right".

We all then went to Hatherley`s bedroom.

On reaching the room Detective Sergeant McLean said, "You occupy this room?".

Hatherley replied, "Yes I sleep here, three of us sleep in here".

Customs Officer Simmons and Detective Constable Bourne then conducted a search of the room.

I said, "Which of the stuff in here is yours?".

Hatherley indicated a drawer in a unit against the North wall and two (2) piles of clothing  in the South West corner.

Detective Sergeant Bourne said, "Just so you know, your friend from downstairs was found hiding in here.  Any reason why he should do that?".

Hatherley said, "No".

Detective Sergeant McLean said, "Are there any drugs in here?".

Hatherley said, "Drugs? No".

Detective Sergeant McLean said, "You just been away recently too haven`t you?".

Hatherley said, "Yes".

Detective Constable Bourne produced a piece of paper with the numbers `292 5670` written upon it, and said, "Is this your number?".

Hatherley shook his head and said, "Probably one of my sisters".

Detective Constable Bourne said, "Do you smoke?".

Hatherley said, "No I don`t".

Detective Constable Bourne picked up a dictionary from the top of the chest of drawers against the North wall and Hatherley said, "That`s my sister`s school book".

At 11.55am Detective Constable Bourne then moved to a chest of draws in the North West corner of the room and from beneath an ash tray on top of the unit seized a piece of paper which bore handwriting pertaining to the `Sparrows Nest`.  Detective Constable Bourne said, "Is this yours?".

Hatherley said, "No".

Detective Sergeant McLean said, "Where do you work?".

Hatherley said, "I`m self employed".

Detective Sergeant McLean asked, "What do you do?".

Hatherley replied, "Contract work masonary, tiling".

Customs Officer Simmons continued to search the room as did Detective Constable Bourne and Hatherley remained silent.

At 11.59am Detective Constable Bourne seized a piece of paper from the top of the chest of drawers that he was continuing to search. The paper was a price list for `Sid`s Seafood` and Detective Constable Bourne showed it to Hatherley displaying handwritten numbers.

Detective Constable Bourne said, "We`re taking this".

Hatherley said, "All that belongs to my mother".

At 12.02pm Detective Constable Bourne seized a piece of paper with handwriting on the back, the front displayed a passage titled `When I was born`, and showed it to Hatherley who said, "It`s really not necessary to take all of that, I don`t mix my belongings with the rest of the family".

The search continued and at 12.06pm Customs Officer Simmons left the room.  Detective Sergeant McLean said to Hatherley,
"Have you got a passport?".

Hatherley looked directly at Sergeant McLean and shook his head saying, "No I don`t".

Detective Sergeant McLean said, "I just thought that, with you going ...".

Hatherley said, "I had one.  I lost it.  I used to have one.  It is possible to misplace things right?  I had it when I went out".

Customs Officer Simmons returned and Detective Sergeant McLean left the room at 12.12pm.

Detective Constable Bourne then showed Hatherley a blue `memo` book and said, "Who this belong too?".

Hatherley said, "Everything in that dresser belongs to my mother and sister.  They share that dresser I think and there`s one or two draws belong to my sister.

At 12.14pm Detective Constable Bourne seized a piece of paper from the top drawer of the unit which he continued to search.  The paper bore numbers that began with `176 - 328`.  Detective Constable Bourne handed this to me and I said to Hatherley, "What does this paper refer to?" as I showed him the paper seized.

Hatherley said, "I have no idea".

Detective Constable Bourne seized a shell and rafia bag from the top shelf of a walk-in wardrobe.  The bag contained cash and Bank purses containing coins.
The search continued and at 12.30pm Detective Constable Bourne, whilst searching the walk in wardrobe said, "All these suits belong to you?"

Hatherley said, "Yes, all those suits belong to me".

Detective Constable Bourne then removed about six (6) `Alexander` suit bags from the cupboard and their contents were searched by Customs Officer Simmons.

At 12.35pm I said to Hatherley, "Where is everybody at the moment?"

Hatherley said, "My grandfather`s gone to work, my mother`s gone to work and my sister`s at school".

I said, "Do you stay anywhere else?".

Hatherley said, "No just here".

The search continued and moved to the bathroom, adjacent to the bedroom and then back to Dwight`s bedroom.

At 12.59pm Detective Constable Bourne said, "What bags did you go away with?".

Hatherley said, "The blue one", indicating a large blue bag with brown carrying straps.

Detective Constable Bourne said, "When did you go?".

Hatherley said, "I got back last Wednesday".

Detective Constable Bourne said, "You say you misplaced your passport?".

Hatherley said, "Yes".

Detective Constable Bourne said, "Is it in the house then somewhere?".

Hatherley said, "I don`t know, tell you the truth when I get home first thing I do is throw the ticket in the trash".

At 1.01pm Detective Constable Bourne searched the Grandfather`s bedroom on the North side of the premises.

At 1.08pm we all returned to the living room.

Detective Constable Bourne explained to Hatherley that we intended to retain the television sets.

Detective Sergeant McLean said, "Any reason why you have two T.V.`s the same size?".

Hatherley said, "One I bought for my girlfriend`s mother for a present and the other is for my mother for here, this house".

Detective Sergeant McLean said, "So when the Police come to your door why didn`t you open the door?".

Hatherley said, "I was coming to open it"

Detective Constable Bourne said, "Where does your girlfriend live?".

Hatherley replied, "Princess Street".

Detective Constable Bourne said, "What`s her name?".

Hatherley said, "Lisa Tucker".

Detective Constable Bourne said, "Where does she work?".

Hatherley said, "Bank of Butterfield".

At 1.12pm Detective Sergeant McLean asked Hatherley if he required his jacket and Hatherley replied, "Yes".

Detective Sergeant McLean then removed Hatherley`s handcuffs.

At 1.13pm the telephone in the premises rang and was answered by Customs Officer Simmons who informed everyone that the caller was Hatherley`s mother.

Hatherley said, "I don`t want to talk to her, tell her I`m busy".

Customs officer Simmons informed the caller accordingly and recorded the number at which she could be contacted as ` 293 9161 `.

At 1.15pm Detective Constable Bourne counted the cash from the Bank purse found at 12.24pm in Hatherley`s bedroom.

The cash was separated in the bag into three (3) quantities and I therefore recorded the amounts in three (3) places on the page upon which I had been recording my notes, breaking the individual denominations down and totalling each
amount.  Hatherley signed my record against each total.

Hatherley stated that the cash was his mother`s tips from her job.

Also found in the bag was a large quantity of change, Detective Constable Bourne said, "Do you want the change counted?".

Hatherley said, "It`s not necessary".

At 1.24pm Hatherley was once again handcuffed, his hands in front of him, and at 1.25pm we left the premises.

At 1.40pm I attended Hamilton Police Station where I again saw Hatherley in the company of Customs Officer Simmons in the gaol area.

I went, briefly to the station officer`s room where I spoke briefly with Police Sergeant Boggan.

I then returned to the gaol area and continued to keep contemporaneous notes of what transpired.

I saw the gaoler, Police Constable Clarke, complete the booking in forms in Hatherley`s presence, completing entry number thirty seven (37) in the gaoler`s diary which noted Hatherley`s arrival at the station.  The Prisoner`s property transfer book, (serial number 867) was also completed by the gaoler.

At 1.50pm Hatherley was issued with his `prisoner`s rights` form, serial number 30789.  Police Constable Clarke asked Hatherley if he wished to contact anyone and hatherley said,
"Is there any chance I can speak with the Sergeant at the house".

Police Constable Clarke completed this form and Hatherley signed it and was handed the green copy.  Hatherley said,
"I`ve read one before".

At 1.57pm, using the internal phone system, I called extension 4373 and was connected to Detective Sergeant McLean. Hatherley then said to Sergeant McLean, "Is there any chance I can speak with you?".

There was a pause and Dwight said, "Yes".

The call was concluded and the gaoler left the area.  Hatherley remained silent and I completed my pocket book whilst awaiting the arrival of Detective Sergeant McLean.

At 2.10pm Detective Sergeant McLean arrived with Detective Constable Bourne and we all escorted Hatherley to the North side, gaol area interview room.  There was a brief conversation in the corridor when Hatherley said to Detective Sergeant McLean, "Can I speak with you alone?".

Detective Constable Bourne and I then left the area as Detective Sergeant McLean and Hatherley entered the interview room.

At 2.25pm Detective Constable Bourne and I returned to the interview room joining Detective Sergeant McLean and Hatherley.  Detective Sergeant McLean slowly said, "You mentioned a few things to me, that you don`t want your girlfriend or family involved.  You said that the T.V.`s are yours but you don`t know about the drugs in the T.V.`s and boxes.  You said that your common sense told you that drugs were in the T.V. when you were arrested for suspicion of importing drugs.  You then said that you wished to speak to me because I was at the scene.  You then said that you don`t want to involve anybody else cause they`re good people.  That`s the gist of what you said to me is that right?".

Hatherley said, "Yes that`s about it".

Detective Sergeant McLean said, "I then called the other officers in".

Detective Sergeant McLean then said, "We will be recording a statement from you".

Hatherley said, "I don`t know what you`re talking about.  What this is about.  You`ve been interested in the T.V.`s since the moment you came in the door, obviously you were looking for something.  Did you find anything?".

Detective Sergeant McLean said, "Yes, we found something.  Would you like to see what we found?".

Hatherley said, "If it`s necessary".

Detective Sergeant McLean said, "You mentioned that your family had nothing to do with it, how about Jason Harvey?".

Hatherley said, "He`s a very good friend, he was just giving me a hand to unload them.  I was going to take one to my girlfriend`s house.  The other one was for my house, that one I opened.

Detective Sergeant McLean said, "Is there anyone else you`d like to call, for example, your mother?".

Hatherley said, "No".

Detective Sergeant McLean said, "Would you like to call a lawyer?".

Hatherley said, "It`s not necessary".

Detective Sergeant McLean then explained that we had enquiries to pursue.

Hatherley said, "Aren`t you going to ask me to sign the statement, that writing from when we were together".

Detective Sergeant said, "They`re just some rough notes, do you want to sign them?".

Hatherley said, "Yes please", and signed the notes at 2.46pm,

I then returned to the Narcotics office, and secured all the exhibits seized from Morgan`s Road, Warwick. 

At 5.55pm the same day, I attended Jubilee Road, Devonshire where I obtained from Mr. Ming, a Justice of the Peace, search warrants.  These warrants related to Jason Harvey of Ridgeway Road, Pembroke, Gladys Williams of Dudley Hill, Paget, and Lisa Tucker of Princess Street, Pembroke.

I then returned to the Narcotics office.

At 8.30pm, the same day, I left the Narcotics office and went to Hamilton Police Station where, in company with Detective Sergeants Cleave and Gibbons, we collected Jason Harvey.

At 8.42pm we left Hamilton Police Station and travelled to Ridgeway Road, Pembroke.

On route to the address Harvey said, "Do I have to go inside the House with handcuffs on?".

I kept contemporaneous notes of the events and conversation.

Detective Sergeant Gibbons, who was seated in the rear of the car and was handcuffed to Harvey, explained that the handcuffs would have to remain in place and gave his reasoning concerning the possibility of escape, obstruction or interfering by Harvey.

For the rest of the journey Harvey remained silent other than to give directions.

At 8.50pm, having arrived at Harvey`s residence, Detective Sergeant Cleave said, "Do you want me to just to go upstairs and explain to your father first?".

Harvey said, "Explain to my Mother".

Detective Sergeant Cleave left our car and went to Harvey`s residence in possession of the search warrant that I had obtained earlier.

At 8.55pm, in company with Detective Sergeant Gibbons and Harvey, I left the Police car and went to the Harvey residence, we found the enterance at 8.57pm and were met by a woman who I now know as Mrs Harvey and Detective Sergeant Cleave who said, "Mrs Harvey`s been shown the warrant".

We were then escorted by Mrs Harvey to the first floor where we were shown a bedroom situated against the West side of the building which Jason said was his room and Mrs Harvey confirmed.

Detective Sergeant Cleave began to search the room starting at the Northwest corner.  I completed a sketch plan of the room.

Detective Sergeant Cleave said, "You don`t appear to have too much here Jason".

Jason said, "No, I told you, you`re wasting your time.  My mamma searches this room better than you three put together".

Detective Sergeant Cleave continued to search in an anti -
clockwise direction as I continued to keep note of what transpired.

At 9.02pm I heard the telephone ring and Mrs Harvey left the room returning quickly.

At 9.03pm the telephone rang again and Mrs Harvey left the room returning after about fifteen (15) seconds.  Jason Harvey was making casual conversation about the college that he was attending and football.

At 9.07pm Detective Sergeant Cleave produced two (2) bags from the bottom of a small fitted wardrobe in Southwest corner of the room.  The first bag, which was blue, was examined by Detective Sergeant Cleave.  I said, "Is it new?".

Harvey said, "You can say that".

The second bag was examined by Detective Sergeant Cleave who said, "Is this your bag?".

Harvey said, "Yes it`s my bag, but it`s been searched, I came in with them both, they searched them".

Detective Sergeant Cleave then held the red bag to his face and to his face and `sniffed` it, he then held the bag up to Detective Sergeant Gibbon`s face and he then `sniffed` the bag.  I completed the same action.

Detective Sergeant Cleave said, "That`s Marijuana".

Mrs Harvey returned to the room having stepped out just prior to the bags being found, as she returned, at this point, Detective Sergeant Cleave took the bag to her and said, "I don`t know if you know what marijuana smells like".

He then held the bag to Mrs Harvey`s face and she said,
"No I don`t".

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

Both bags were seized and the search continued.

At 9.22pm Detective Sergeant Cleave seized two (2) pieces of paper from a unit against the South wall, and said, "What`s this?".

Harvey said, "I don`t know that`s not mine"

Detective Sergeant Cleave then showed the pieces of paper to Mrs Harvey who said, "The card belongs to a man Jason used to work for.  The note, I don`t know, it maybe money Jason saved during the summer".

Harvey said, "It`s nothing just something I scribbled down".

Detective Sergeant Cleave informed Jason and Mrs Harvey that the items were being seized.

At 9.27pm Detective Sergeant Cleave removed a book from a brown paper bag in the Southeast corner of the room and flicked through the pages.  On top of one of the pages was a number `212 749 8151`.

Detective Sergeant Cleave said, "Whose number`s that Jason?".

Harvey said, "I don`t know, that`s like the library book from my school".

At 9.30pm Detective Sergeant Cleave handed Harvey a piece of white paper bearing numbers and said, "What do those numbers mean?".

Harvey said, "I`m not sure".

The paper was seized along with Harvey`s passport.

At 9.33pm Detective Sergeant Cleave searched the bed and said to Harvey, "Have you got anything else in the house Jason".

Harvey said, "No this is my only room".

This was confirmed by Harvey`s mother.

Detective Sergeant Cleave said to Mrs Harvey, "When he came home did he just have the two (2) bags?".

Mrs Harvey said, "Yes he had a microwave oven".

Harvey`s brother who had been outside of the room brought  the microwave to the bedroom.

Mrs Harvey said, "It`s a gift, it hasn`t even been opened".

At 9.37pm Detective Sergeant Cleave searched the oven.

Detective Sergeant Cleave said to Mrs Harvey, "Would you like to speak to Jason for a couple of minutes?".

Mrs Harvey said, "Yes I would".

At 9.39pm Jason`s handcuffs were removed, he remained in the bedroom with his mother and was joined by his brother.  Detective Sergeants Cleave and Gibbons and myself remained on the landing outside of the room, the door closed.

At 9.44pm Harvey asked to take a pillow with him and Detective Sergeant Cleave agreed to this.

At 9.45pm Detective Sergeant Gibbons and I left the premises escorting Harvey to the police car.  Detective Sergeant Cleave remained in the house with Mrs Harvey.

Harvey remained silent.

At 9.50pm, Detective Sergeant Cleave returned to the police car and I heard Mrs Harvey call out, "Jason if you`re covering up for someone else or hiding something I think you should say so".

Harvey said, "I understand that mum".

At 9.51pm we left the residence and Returned to Hamilton Police station arriving at 10.05pm.  During the journey Harvey was silent.

Harvey was returned to the gaol area and at 10.09pm, in company with Detective Sergeants Cleave and Gibbons, I left the police station and returned to the Narcotics Office, where I secured the exhibits.

At about midday on Saturday, 31st March, 1990, I attended Jubilee Road, Devonshire where I saw Mr Ming, a Justice of the Peace, and obtained from him a search warrant relating to Kemma Belboda of Dudley Hill, Paget.

I then returned to the Narcotics office.

I then assisted to convey the two (2) television sets, that I had marked at, and were seized from Morgans Road, Warwick on Friday 30th March, 1990, to the Scenes of Crime Office Main Photographic Room.  I left the television sets in the custody of Detective Sergeant Cassidy.

At 12.37pm, the same day, I left the Narcotics Office in company with Detective Constable Bourne arriving at Hamilton Police Station at 12.44pm.

At 12.45pm I left Hamilton Police Station with Detective Constable Bourne, having collected Jason Harvey and Detective Sergeant McLean.

At 12.51pm we arrived at the Scenes of Crime Office photographic building and went to the main photography room where I saw Dwight Hatherley. 

On the floor of the room were the two (2) television set boxes that I had seen and marked at Morgans Road, Warwick the previous day, and two (2) televisions were also present.

Both Harvey and Hatherley stood adjacent to the North wall with Detective Constable Richardson between them as
Detective Sergeant Cutts and Detective Constable Providence positioned the televisions on the floor.  Both Harvey and  Hatherley remained silent watching the televisions.

Also present were Detective Sergeant Cassidy and Detective Constable Greene.

I recorded contemporaneous notes of what transpired.

Both Harvey and Hatherley were provided with chairs by Detective Sergeant Cassidy and they sat.

At 12.58am Detective Sergeant Cassidy removed the rear of both televisions.  I recorded the serial numbers of both televisions.  From the television box that I had marked with a `1` was displayed television serial number 945 560 102, this was furthest from Hatherley and Harvey.  From the television that I had marked with the figure `2` was displayed a television serial number 945 560 078, this television was adjacent to Harvey and Hatherley.

Detective Sergeant McLean then cautioned both men in accordance with Rule two (2) of the Judges Rules, and said,
"Mister Hatherley and Mister Harvey these are the two T.V.`s we removed from your house yesterday, do you
agree?".

Both Hatherley and Harvey nodded.

In the rear of each television, clearly visible, were silver coloured, duct tape, packages.  Detective Sergeant McLean said, "As you can see there are some packages in the back, what do you know about these?".

Hatherley said, "I`ve never seen them before".

Harvey remained silent.

Detective Sergeant McLean said, "These are not the original packages from inside the T.V.`s, they were taken out".

Hatherley said, "Are those the original packages at the arrest?".

Detective Sergeant McLean said, "Yes".

Hatherley said, "Can I see what`s in them?".

Detective Sergeant McLean said, "We will show them to you after the officer takes a photograph".

Hatherley and Harvey remained silent and I saw Customs Officer Simmons attend our location.

Photographs were taken, and at 1.09pm Detective Sergeant Cassidy cut open a package from the television marked `1` displaying the shredded paper contents.  Detective Sergeant Cassidy then cut open the second package from the television  marked `1` displaying shredded paper and a single clear `lock-seal` envelope.  This envelope I saw contained plant material and the was marked `SMP 1`.

Detective Sergeant McLean said, "This is a controlled sample of drugs that was placed in there with this substitute.  The original drug that was in there was taken out and a sample placed in there".

Detective Sergeant McLean then held the envelope toward Harvey and Hatherley.

Harvey said, "Why was the sample put in there?".

Detective Sergeant McLean said, "Because a sample has to be placed in there, the original stuff was taken away, it was placed in there to represent it".

Hatherley said, "That doesn`t prove anything, all you`re showing us is some dummy packages and you told me it was plant material at the arrest".

Detective Sergeant Cassidy then opened two (2) packages, from the rear of the television from the box marked with a `2`, and displayed the paper contents.  There was a third package in the television and Detective Sergeant Cassidy opened this exposing the paper contents and removing a clear plastic `lock-seal` envelope bearing the markings `SMP 3`, which contained plant material.

At 1.13pm Detective Sergeant Cassidy showed Harvey and Hatherley the control samples from both televisions.

Hatherley and Harvey remained silent and the packages were photographed.

At 1.14pm Detective Sergeant McLean and Customs Officer Simmons brought a box into the room which contained plastic bags.

Detective Sergeant McLean said, "That`s the plant material that was taken from those two T.V.`s".

Detective Sergeant McLean lifted, and counted aloud, four (4) bags.

Hatherley said, "May I ask you how much".

Detective Sergeant Cassidy held up the empty silver duct tape packs.

Detective Sergeant McLean said, "These are the original wrappers in which the drugs that we just showed you came from".

Hatherley said, "How much?".

Detective Sergeant McLean said, "What?".

Hatherley said, "I asked you how much plant material was found in the T.V.`s".

Detective Sergeant Cassidy said, "There are two packages out of the T.V. set right",

He paused and continued, "There`s four packages out of the other T.V. set".

Detective Sergeant McLean said, "Some of these packages have writing on them, seem to be one, one, eleven, L, B, S, pounds".

Hatherley said, "I`m asking you the total amount".

Detective Sergeant McLean said, "This one also has what appears to be eleven pounds similar markings to this other package".

Harvey said, "What that say?".

Detective Sergeant McLean said, "Eleven pounds".

Detective Sergeant McLean then invited Hatherley and Harvey to move closer and said, "Mr Hatherley, your question about the weight.  I cannot tell you officialy what it is, but it`s in excess of fifty pounds".

Hatherley said, "The reason I ask is that seems an enormous amount right, you know as well as everybody else, to purchase that abroad would mean a large sum of money and you would also need people in that type of position to get something like that and I don`t know anyone like that would supply me with that sort of weight of plant material nor do I have the funds to be able to afford something like that".

Harvey said, "How much is it worth?".

Detective Sergeant McLean said, "I can`t say.  Now that both of you have seen, is there anything else you`d like to say?".

Harvey said, "It`s a joke".

Hatherley said, "I`ve said all I need to say".

At 1.23pm both Hatherley and Harvey were escorted out of the building and to transportation.  I remained with Detective Constable Bourne and Harvey.

Detective Constable Greene came to our location and chatted briefly with Harvey about Harvey`s relationship with Hatherley being `bumpy`, and having never seen that amount of drug.

Harvey said, "Looks as if it came from Jamaica".

At 1.25pm Harvey, Detective Constable Bourne and myself entered the Police car.  Harvey said, "That bag`s a whole different case, that`s my room mates not mine".

Detective Constable Bourne reminded Jason that he was not obliged to say anything and that what he said may be taken down in writing and may be given in evidence.  Harvey was seated in the rear of the car on the nearside, Detective Constable Bourne was seated behind the steering wheel and I was in the front passenger seat, still recording contemporaneous notes.

I said, "Who is the room mate?".

Harvey said, "He`s a room mate"

I said, "Do you know his name?".

Harvey said, "Course I see him every day, he`s an American".

I said, "Do you want to tell me his name?".

Harvey said, "No, why".

I said, "Why not tell me his name?".

Harvey said, "He`s just a room mate".

I said, "Is he Bermudian?"

Harvey said, "No he`s American from Pensylvania".

I said, "Is there a reason you won`t tell me his name?".

Harvey said, "No, all right, his name`s Richard Smith, he`s about my age".

I said, "When did he give you the bag?".

Harvey said, "He lent me the bag to come home being as I and my sister was short on bags, we didn`t have none cause my family took a trip up to see my sisiter, they had took all the bags to carry their luggage in.  You think if I`d smelt it and saw the seed that I`d have walked through like that?".

I said, "Do you know what cannabis smells like".

Harvey said, "Yes I know, but if I`d have noticed it I would never have brought the bag mister".

I then asked Jason to stop so that I could keep up with the recording of my notes.

At 1.29pm we left Police Headquaters and Harvey remained silent throughout the journey to Hamilton Police station.

At 1.35pm Harvey was conveyed to a cell from the gaol area and we returned to the Narcotics office.

At 2.07pm the same day I attended Dudley Hill, Paget.  I went with Dwight Hatherley and other officers, including Detective Constables Bourne and Green and Woman Detective Constable Vickers, to an appartment identified by Hatherley.

We entered the residence and on the wall of the kitchen I saw a telephone bearing the number `236 1620`.  I made contemporaneous notes of what transpired.

At 2.11pm Hatherley`s grandmother, Mrs Williams, walked upstairs and Detective Constable Bourne showed the search warrant to her.

Mrs Williams stated that she was unable to read the warrant without the aid of her glasses and a young lady who I knew to be Kim Hatherley  obtained Mrs Hatherley`s spectacles.  Mrs Williams appeared to read the warrant and returned it to Detective Constable Greene.

Detective Constable Bourne said, "Are there any items in this house belonging to Dwight?".

Mrs Williams replied, "Just a few jackets, they`re in my room".

Hatherley, his Grandmother, Detective Constables Bourne and Greene, Woman Detective Constable Vickers and I went to the romm which was situated downstairs from the kitchen.

At 2.14pm Mrs Williams passed some jackets from the wardrobe to Detective Constable Bourne who seized a red, yellow and green quilted jacket.

At 2.17pm we went to a `childrens` room at the opposite end of the passageway, directed by Mrs Williams.  Detective Constable Bourne waited behind and we returned to him in Mrs Williams bedroom.

Detective Constable Bourne said, "Whose cases are these up there", indicating a brief case, plastic bags and boxes on the top shelf of the wardrobe from which Hatherley`s jackets had been removed.

Hatherley said, "My grandfather`s, I got it for him when I was away".

Detective Constable Bourne searched the top shelf and in a plastic bag found a cellular telephone with a charger, this he seized.

Detective Constable Bourne then made a cursory search of the top shelf.

Detective Constable Bourne said, "Would you have his passport here".

Mrs Williams said, "No I don`t have nothing to do with them now they got older".

At 2.21pm we made our way to the `childrens` room.

Detective Constable Greene said, "Is there anything else in this room that`s yours?".

Hatherley said, "No, I told you, just the jackets in the other room.  I don`t stay here".

Detective Constable Bourne searched the room and nothing was found relating to Hatherley.

At 2.27pm we all left the premises.  On stepping from the premises outside, into a courtyard area, Hatherley spoke to a woman who I had seen earlier instructing her to call Mr Julian Hall at Vaucrossens saying, "His number`s in the book under Vaucrossen`s".

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