Two people were found guilty and two others were set free following a three-week High Court trial linked to a record seizure of 20 guns, nearly 500 kilograms of cocaine, and other contraband that police said they found at a Ballast Bay residence in February 2021.
Jose Almestica, who police said escaped from Balsam Ghut prison following Hurricane Irma in 2017, was found guilty of all 10 counts against him, including possession of narcotics and firearms.
Renee Smith was found not guilty of all charges except one, which involved the alleged use of ill-gotten funds to purchase a Mazda CX-5 jeep.
Two other defendants, Shamal Smith and Jennifer Smith, walked free last week cleared of all charges after defence attorney Israel Bruce made successful no-case submissions on their behalf.
During the lengthy trial, prosecutors tried to link the defendants to drugs, guns and other contraband, while defence attorneys maintained that they were innocent of all charges.
In his closing argument on Monday, prosecutor Oris Sullivan asked the jury to take a holistic view of the evidence the crown had presented.
“I asked you to focus carefully on what the evidence has shown, not piece-by-piece, but as a complete interconnective story,” he said. “Because, members of the jury, this is exactly what this case is: a coordinated criminal enterprise involving treacherous persons working together with others to a common goal — to engage in drug trafficking and to conceal the proceeds of crime.”
Mr. Almestica, he alleged, was in possession of contraband including cocaine, cannabis and automatic weapons.
Mr. Sullivan also claimed that Renee Smith assisted Mr. Almestica in his crimes.
“Here, [her] goal was simple: To help Jose Almestica avoid detection, to profit from criminal proceeds, and to conceal origins of illegal funds through property, vehicles and people acting as fronts,” he said.
He added that she acted as a front for the purchase of the Mazda CX-5.
“She helped [Mr. Almestica] conceal, disguise and reinvest money in multiple legit assets,” Mr. Sullivan said.
In closing, Mr. Sullivan pleaded with the jury to find in his favour.
“The prosecution submits that this is overwhelming evidence for drug smuggling and money laundering,” Mr. Sullivan said. “Find the accused persons guilty of the crimes charged. You owe it to your country and your people.”
Defence lawyers, however, told a very different story.
‘Failed miserably’
In closing arguments, Mr. Almestica’s attorney Ruthilia Maximea argued that the crown had failed to prove any of the allegations against her client.
“The crown has a duty to present sufficient and enough evidence,” Ms. Maximea told jurors. “We say the crown has failed miserably in its attempt to prove these charges on indictment. I invite you, foreman, to return verdicts of not guilty against all the counts against Jose Almestica.”
Ms. Maximea added that her client was not on trial for the existence of guns or drugs, but for allegations that he was in control of such items at the time of his arrest at Driftwood Spa in West End in 2021.
She also told the jury that Mr. Almestica had never been charged with escaping prison.
“May I remind you that [Mr. Almestica] is not here with charges of escaping lawful custody,” she said. “In fact, since returning to prison, there is no evidence that he was charged, or even prosecuted, for escaping lawful custody.”
Additionally, Ms. Maximea asked the jury not to consider her client’s decision not to testify as a mark against him.
“He chose to exercise his constitutional rights and remained silent,” she said. “In no way does this mean he is guilty.”
‘No evidence’
Defence attorney Valston Graham represented Renee Smith.
“There is no evidence in this case that five firearms, cocaine, cannabis was found in the possession of Renee Smith. None,” Mr. Graham said during his closing arguments on Monday, adding, “Renee Smith negotiated for the purchase of the Mazda: We take no issue with that. We take issue with the fact that [the Mazda] was in her possession.”
Ultimately, he said, the crown didn’t prove any of the charges against his client.
“The prosecution’s case is in shambles,” Mr. Graham said. “You have the original indictment case in your hand, Ms. Foreman. I want you to hold it in your hand. It started at 32 counts. Now they barely licking double figures.”
The verdicts
On Tuesday morning, Justice Theresa Hadad delivered her summation, and the jury subsequently deliberated for about five hours before delivering its unanimous verdicts.
For Mr. Almestica, it was guilty on all counts against him.
For Renee Smith, it was guilty on one charge — a count of acquisition, possession or use of the proceeds of criminal conduct — and not guilty on the rest.
Sentencings scheduled
Mr. Almestica, expressionless, returned to the prison transport van to remain on remand for other outstanding charges.
His sentencing is scheduled for Oct. 24.
Renee Smith was allowed to remain on bail, with her sentencing tentatively scheduled for Nov. 17.
Both Mr. Almestica and Renee Smith were facing the same counts of possession: two counts of drug possession with intent to distribute; one count of possession of a prohibited weapon; and three counts of possession of an unlicensed firearm.
Mr. Almestica was also charged with an additional count of possession of an unlicensed firearm that police alleged he had with him when he was arrested at Driftwood Spa in 2021.
Renee Smith was also hit with the additional charge in connection with the Mazda CX-5, which the crown alleged was purchased with the proceeds of criminal conduct.
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