A Bahamian pilot convicted of drug possession with intent to supply, importation of drugs and conspiracy to commit the offenses has had his prison sentence of two years and six months increased to five years.

Darryl Bartlett Jr., whose mother Albertha Bartlett was a former prosecutor, lost his appeal against his convictions on Friday. However, the Crown succeeded on a cross-appeal against his “lenient” sentence.

Magistrate Andrew Forbes convicted Bartlett in relation to the seizure of 149 pounds of marijuana and 17.4 pounds of ecstasy pills in April 2014.

According to the evidence, Bartlett and his co-pilot Murillo Sullivan had been hired to pick up a passenger from Montreal, Canada, for travel to Treasure Cay, Abaco. However, Bartlett deviated from the original flight plan after receiving a tip that police were waiting on the jet in Abaco. Bartlett, who on the evidence was deactivated as an informant for the Drug Enforcement Agency (DEA) in 2013, contacted Special Agent Eric Durante, who instructed him to bring the bags to New Providence. Bartlett, Sullivan and their passenger Michael Webster were arrested after police found drugs inside four suitcases on the plane on their arrival at Executive Flight Support.

Bartlett appealed on the basis that his conviction was unreasonable having regard to the evidence. His attorney, Murrio Ducille, argued that the prosecution had produced no evidence that Bartlett had knowledge of the presence of drugs on the plane.

Acting Director of Public Prosecutions Garvin Gaskin countered that Bartlett’s knowledge could be inferred from the surrounding circumstances.

According to the judgment delivered by Justice of Appeal Jon Isaacs, “Mr. Gaskin submitted that it was the appellant and Sullivan who initiated contact with S/A Durante, hence it could not be said that the DEA agent set up the appellant.

“Also, the reference to ‘heat’ at Treasure Cay suggests the appellant and/or Sullivan was in contact with someone there who warned them about the presence of ‘heat’ since the flight had not reached Treasure Cay as yet and the appellant could not have been personally aware of the situation on the ground.

“Mr. Gaskin contended that the magistrate was perfectly able to infer from all of the facts of this case that the appellant conspired to import, and was importing, dangerous drugs into The Bahamas from Canada while being concerned with others and he was in possession of the dangerous drugs with intent to supply to others.”

Gaskin submitted that “all of the circumstances together with the appellant’s familiarity with drug trafficking gained during his stint as a confidential informant negates any claim of ignorance.”

Isaacs found, “The evidence of the witnesses taken cumulatively discloses the participation of the appellant in a conspiracy with others in The Bahamas and abroad to import marijuana and amphetamines into The Bahamas, and to possess such drugs with intent to supply.

“The appellant’s imputed knowledge was demonstrated by his use of Joseph Albury’s passport and NIC to enter into a lease agreement with Shubin’s company for the lease of the jet, the reported conversations with Ronald and Johnny in New Providence at Nesbitt’s, flying the jet to Montreal, Canada, and meeting Johnny along with others there, flying to Treasure Cay instead of Nassau as they told S/A Durante they would not land in Treasure Cay due to the ‘heat’ there and the expressed intention to fly to Moore’s Island instead and the large sums of cash used to transact the lease and fuel purchases.

“The above factors were, to my mind, sufficient to raise in the magistrate’s mind, a reasonable inference that the appellant was engaged in the conspiracies as charged; and that he was in possession of the dangerous drugs with intent to supply.”

As for the Crown’s appeal against sentence, Gaskin relied on sentences imposed on people in other cases who had pleaded guilty to possession of dangerous drugs with intent to supply. He referred to the cases of Marcel Hamilton who had been sentenced to four years’ imprisonment for 86 pounds of marijuana; Sheldon Davis who was sentenced to four years for 9.8 pounds of heroin; Garfield Palmer who was sentenced to four years for 86 pounds of marijuana and Junior Davis who received four years for eight pounds of cocaine.

Each accused had pleaded guilty. They all appealed their sentences but the court dismissed the appeals and affirmed the sentences. Isaacs noted that Bartlett’s co-accused, Webster, who pleaded guilty had his four year sentence affirmed by the Court of Appeal. Isaacs noted that Bartlett had a greater role in arranging the transport of the drugs than Webster.

He said in his judgment, “While it is the appellant's right to maintain a not guilty plea and require the prosecution to prove its case if it can, he ought not to be sentenced to a term of imprisonment less than that received by his co-accused when there is no factor favorably differentiating his case from that of his erstwhile co-accused; and bearing in mind that those who plead guilty at the earliest opportunity invariably receive consideration of that show of contrition via a lower sentence to reflect the acknowledgement of guilt and to encourage others to do likewise.”