Two Detectives Commended
Two detectives received commendations in 1980 for their part in sending drugs pusher Dennis Webster Warner to prison for 15 years. Detective Constables William Henry and Robert Kinnon received their commendations from Acting Commissioner Fred Bean. Said Mr. Bean: “These certificates are a result of a systematic and persevering effort by these officers in dealing with a case involving a considerable quantity of drugs.”
Warner was sentenced to 15 years imprisonment by Mr. Justice Barcilon after being convicted on September 24, 1980 on charges involving $10,000 worth of heroin and $1,000 worth of cannabis.
As OIC of the Narcotics Unit I know that this was a well conducted investigation carried out by Bob Kinnon and Bill Henry. Both officers used their initiative in locating and employing ‘the bathtub’ from which to carry out their covert observations on Warner’s movements. It was not the only such case they handled whilst serving in the drug squad during the early 1980’s. Both officers deserve considerable acclaim for their excellent work on many other cases as members of the team then led by Det. Sgt. Alex Arnfield.
The earlier brief court trial was reported as follows by The Royal Gazette in late September, 1980.
COURT TOLD OF GARDEN DRUG CACHE
Heroin and cannabis were found in the garden of a man’s apartment, Supreme Court heard yesterday.
The court was told that Police kept watch [I might add, by standing in the bathtub in the bathroom of an adjacent premise] on the apartment of Dennis Webster Warner, of Mount Hill, Pembroke, and saw him retrieve the drugs from his garden on several occasions.
Warner, aged 26, has denied two charges of possessing a controlled drug with intent to supply, possession of equipment and apparatus to be used in drug-taking and cultivation.
Solicitor General Mr. Saul Froomkin, Q.C. told the court that Warner lived in the Pembroke apartment with his girlfriend and their daughter.
Mr. Froomkin told the court that narcotics officers began watching the apartment early in the morning of May 12. At 10.06 a van pulled up.
“Warner was seen to leave the rear of his residence and go to an area a short distance away and recover a package from the undergrowth in the bushes.”
Warner went back into his home and the van driver left.
Later in the day, claimed Mr. Froomkin, Warner removed some small cannabis plants from a flower bed and re-planted them in pots. Next day Warner was seen to leave the apartment and put a package in the undergrowth.
During his evidence DC Robert Kinnon said he and other officers went to the apartment with a search warrant. He went into the garden where he retrieved from the undergrowth a package which contained a brown plastic bag. In it were numerous silver foils containing heroin.
In total, said DC Kinnon, there were 151 decks – or small foil packages – and 107 foil squares. “There was also a brown pouch which is known as a snorting kit for taking hard drugs.”
Inside the building he also found other drug-related equipment, together with a cash book. In the book was a list of nine people known to him as drug users. Written by the side of their names were numbers ranging from 210 to 2,500.
A bank book was also recovered which showed amounts had been deposited in the account over a four-week period. But, said DC Kinnon, to his knowledge Warner had not worked since January.
DC Robert Kinnon said that almost 16 grams of heroin worth $9,600 had been found in the early morning raid. An additional 196 grams of cannabis worth $980 was also found.
An early verdict of ‘guilty’ led to Warner’s substantial prison sentence reported as follows:
HEROIN PUSHER GETS 15 YEARS IN PRISON
Fifteen years imprisonment was the sentence imposed on a Mount Hill, Pembroke, man convicted yesterday in Supreme Court of supplying both cannabis and heroin. Dennis Webster Warner, 26, had pleaded not guilty to a total of six charges …….
He was found guilty on all charges after 22 minutes deliberation by the jury.
In passing sentence, Acting Puisne Judge, the Hon. Mr. Justice Barcilon, said that the prison term imposed would not only teach Warner a lesson, but also anyone else who might contemplate doing the same. “I will do my share to stop what is now a menace in Bermuda,” Mr. Justice Barcilon said.
He added: “Whatever one can say about the drug cannabis cannot be said or thought about heroin.”
As Mr. Justice Barcilon announced the sentence, gasps of disbelief came from the public gallery. One woman immediately left the court bursting into tears, and could be heard from outside for the remainder of the session. As Warner was being led out by Prison officers, he called out: “Are you happy you’ve got what you wanted?”
The Crown alleged that drugs found in the garden and residence of Warner on May 12 had a street value of $10,580.
Warner elected to remain silent in court yesterday, and lawyer for the defendant Mr. Will Francis did not challenge the allegation that the drugs were found in Warner’s residence and garden.
But Mr. Francis questioned the weight to be applied to an alleged confession made by Warner after he was arrested. Mr. Francis put to the jury that the “confession” was made by a man anxious to be released from Police custody.
Mr. Francis relied on the prosecution’s evidence that Warner had nothing to say when first questioned by Police officers.
In his summation, Mr. Justice Barcilon pointed out that the evidence of the prosecution had not been contradicted by the defence. He added that the accused had decided to say nothing in court, “virtually defying you to find him guilty without saying a word against the evidence of the prosecution”.
“You may think this (case) is almost cast iron, but Mr. Francis said these things are not entirely certain”.
In the confession, Warner is alleged to have told Police officers: “All right, it’s my stuff. I got it in payment for a debt.” But Warner refused to name the man who owed him the debt: “For the sake of my life I won’t name the man who gave it”.
Before adjourning court, Mr. Justice Barcilon commended both witness DC Kinnon, and W.P.C. Beverley Outerbridge for their presentation of evidence.
Warner was sentenced to ten years imprisonment for possession of heroin with intent to supply, 15 years for the supply of heroin, three years for the possession of cannabis with intent to supply, five years for the supply of cannabis, and one year each for the remaining two offences. All sentences are to be served concurrently.
Later in the year, the 15-year jail sentence imposed on Warner for drug offences was submitted by his lawyer Mr. Julian Hall before the Court of Appeal as being “extraordinary”.
Warner, 26, was appealing against the sentence imposed on him on September 24 by the then Acting Puisne Judge the Hon. Mr. Justice Barcilon.
“When I say it is extraordinary I do not say it is unheard of,” Mr. Hall said.
“This particular judge has been known to take a certain approach against such offenders. I differ with that approach.”
Mr. Hall submitted that the sentence was manifestly excessive in the circumstances of the case. Warner did not have a long line of previous convictions, he said. “One has to ask, if anyone has any degree of concern for humanity, what possible use would be served in incarcerating this young man for 15 years other than as a deterrent to other offenders. Courts had to do everything possible to curb the wide use of hard drugs, but quantities and qualities had to be considered,” said Mr. Hall.
Solicitor General Mr. Saul Froomkin, Q.C., said the street value of heroin involved was $9,600. “There is an indication of how near epidemic the problem is in Bermuda,” he said. “The accused refused to name the supplier. It was an overwhelming case.”
Mr. Froomkin said there were no mitigating factors.
In reply Mr. Hall agreed that drugs were a growing menace. Clearly there should be long jail terms for those convicted of supplying heroin, he said. But the question was whether 15 years in the present case was manifestly excessive.
The appeal judges reserved their decision.
Although I’ve not been able to retrieve a record of the appeal court judges’ final decision, if memory serves me well, the 15 years imprisonment was confirmed and remained in place.
