Beautiful Virgin Islands

Monday, Aug 04, 2025

Man files lawsuit after losing land because of 'faulty' drug case

Man files lawsuit after losing land because of 'faulty' drug case

Justice Trevor Ward has dismissed - among other other things - a claim by Kerrison Deon Smith who was seeking ‘compensation equalling market value’ for a property that he lost in Sea Cows Bay while he had an ongoing drug-related …

This is according to a written High Court judgement submitted on February 13.

Justice Ward had also dismissed Smith’s claim for ‘relief’ from local police who he said violated his ‘fundamental rights and freedoms as an individual’ (according to Section 9 of the Virgin Islands Constitution).

The High Court judge also struck out Smith’s claim for constructional relief for the law enforcers’ ‘violation’ of Section 19 (2) of the constitution. That section of the constitution states that: “Except with his or her own consent, no person shall be subjected to the search of his or her person or property or the entry by others on his or her premises.”

Justice Ward also denied Smith’s request for the removal of his conviction in the Magistrate’s Court.

However, Justice Ward stated, that once the proper documents are filed appropriately, he will proceed with Smith’s claim about Section 16 (1) of the constitution.

That section states: “If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.”

The basis of Smith’s claim about a fair and timely trial comes from the fact that he had to wait two-and-a-half years before the matter concluded. A trial never commenced over that time period.


Smith’s Magistrate’s Court case

Court documents revealed that about 2 am on July 4, 2016, the claimant (Smith) was intercepted while in a vehicle in the vicinity of Josiah’s Bay on Tortola.

He was found to be in possession of cannabis and cocaine and was subsequently arrested and brought to the East End Police Station where he was searched, and the sum of $2,466 was taken from his person.

He was then taken to the Road Town Police Station where he was detained before being charged for the unlawful possession of 0.8 grams of cannabis and an unknown amount of cocaine with intent to supply.

He was subsequently released on bail pending his appearance before the court on September 16, 2016.

On March 3, 2017, the claimant entered a guilty plea to the charge of possession of cannabis and opted to go to trial for the cocaine charge. The trial was scheduled for May 29 and 30, 2017.

The trial date was vacated on a number of occasions for various reasons. It eventually commenced on December 12, 2018, and was adjourned to January 8, 2019, and again to January 11, 2019, when the prosecution withdrew the cocaine possession charge.

On that day, the Magistrate convicted, reprimanded and discharged him (Smith).

The claimant alleges that after the cocaine charge was withdrawn, he made inquiries and wrote to the Director of Public Prosecution (DPP) on May 10, to the Commissioner of Police on May 16 and again to the DPP on May 20 to secure the release of his money that had been taken from him.

The police later wrote to him and informed him that the money was available for collection.


Claimant lost his land

The court’s documents further stated, the claimant maintains that the detention of the sum of money resulted in him being unable to pay arrears on a parcel of land at Sea Cows Bay for which he had made an initial payment to the government in April 2016.

He was supposed to make monthly payments thereafter. The unavailability of the said sum of money and the expenses associated with legal fees to defend himself in court resulted in him being unable to pay for the arrears on the property.

As of July 22, 2019, the claimant said he no longer held any interest in the property. He said as a result of the criminal case; he had lost the opportunity to own land at an affordable price as he is unable to purchase the land at market price.


Inability to open bank accounts

The claimant further mentioned that his attempts to open a bank account was hindered by what he felt was his conviction.

He said two banks had declined to open accounts for him and while he was not given any reasons for the banks’ decision apart from that it was being “reviewed by the appropriate banking regulators.”


What Smith wanted

Court documents state that Smith believed his right to a fair hearing within a reasonable time, pursuant to Section 16 (1) of the Constitution had been infringed because the criminal proceedings against him took 921 days to be disposed of and his right to privacy under Section 19 (2) of the Constitution has been breached.

His attorney Jamal Smith said his client does not contest his conviction for possession of cannabis what he challenges is the validity of Section 9 (2) of the Drugs Act that permits the search of private property, the written judgement indicated.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
OpenAI’s Bold Bet: Teaching AI to Think, Not Just Chat
Tesla Seeks Shareholder Approval for $29 Billion Compensation Package for Elon Musk
Nvidia is cutting prices on its RTX 50-series graphics cards after sales slowed and inventories piled up
Ghislaine Maxwell Transferred to Minimum-Security Prison Amid Ongoing DOJ Discussions
U.S. Tariffs Surge to Highest Levels in Nearly a Century Under Second Trump Term
Matt Taibbi Slams Media for Role in Russiagate Narrative
Pilots Call for Mental Health Support Without Stigma
All Five Trapped Miners Found Dead After El Teniente Mine Collapse
Ong Beng Seng Pleads Guilty in Corruption Case Linked to Former Singapore Transport Minister
BP’s Largest Oil and Gas Find in 25 Years Uncovered Offshore Brazil
Italy Fines Shein One Million Euros for Misleading Sustainability Claims
JPMorgan and Coinbase Unveil Partnership to Let Chase Cardholders Buy Crypto Directly
Declassified Annex Links Soros‑Affiliated Officials and Clinton Campaign to ‘Russiagate’ Narrative
UK's Online Safety Law: A Front for Censorship
Nationwide Protests Erupt in Brazil Demanding Presidential Resignation
Parents Abandon Child at Barcelona Airport Over Passport Issue
Mystery Surrounds Death of Brazilian Woman with iPhones Glued to Her Body
Bus Driver Discovers Toddler Hidden in Suitcase in New Zealand
Switzerland Celebrates 734 Years of Independence Amid Global Changes
U.S. Opens Official Investigation into Former Trump Prosecutor Jack Smith
Leaked audio of Canada's new PM Mark Carney admitting the truth about the Net Zero agenda: "We're gonna make a lot of money off of this."
China Enforces Comprehensive Ban on Cryptocurrency Activities
Absolutely 100% Realistic EVO Series Doll by EXDOLL (Chinese Company) used mainly for carnal purposes
World Economic Forum founder Klaus Schwab: "In this new world, we must accept... total transparency. You have to get used to it. You have to behave accordingly. But if you have nothing to hide, you shouldn't be afraid."
Meet Mufti Hamid Patel, head of Office for Standards in Education in Pakistan
George Soros tells the World Economic Forum: "President Trump is a con man and the ultimate narcissist, who wants the world to revolve around him."
Hamas are STARVING the hostages.
Decline in Tourism in Majorca Amidst Ongoing Anti-Tourism Protests
British Tourist Dies Following Hair Transplant in Turkey, Police Investigate
Poland Begins Excavation at Dziemiany After New Clue to World War II‑Era Nazi Treasure
WhatsApp Users Targeted in New Scam Involving Account Takeovers
Trump Threatens Canada with Tariffs Over Palestinian State Recognition
Trump Deploys Nuclear Submarines After Threats from Former Russian President Medvedev
Trump Sues Murdoch in “Heavyweight Bout”: Lawsuit Over Alleged Epstein Letter Sets Stage for Courtroom Showdown
Germany Enters Fiscal Crisis as Cabinet Approves €174 Billion in New Debt
Trump Administration Finalizes Broad Tariff Increases on Global Trade Partners
J.K. Rowling Limits Public Engagements Citing Safety Fears
JD.com Launches €2.2 Billion Bid for German Electronics Retailer Ceconomy
Azerbaijan Proceeds with Plan to Legalise Casinos on Artificial Islands
Former Judge Charged After Drunk Driving Crash Kills Comedian in Brazil
Jeff Bezos hasn’t paid a dollar in taxes for decades. He makes billions and pays $0 in taxes, LEGALLY
China Increases Use of Exit Bans Amid Rising U.S. Tensions
IMF Upgrades Global Growth Forecast as Weaker Dollar Supports Outlook
Procter & Gamble to Raise U.S. Prices to Offset One‑Billion‑Dollar Tariff Cost
House Republicans Move to Defund OECD Over Global Tax Dispute
Botswana Seeks Controlling Stake in De Beers as Anglo American Prepares Exit
Trump Administration Proposes Repeal of Obama‑Era Endangerment Finding, Dismantling Regulatory Basis for CO₂ Emissions Limits
France Opens Criminal Investigation into X Over Algorithm Manipulation Allegations
A family has been arrested in the UK for displaying the British flag
Mel Gibson refuses to work with Robert De Niro, saying, "Keep that woke clown away from me."
×