Julian David Malcolm Reid Patrick John Appellants v The State [ECSC]
| Jurisdiction | Dominica |
| Judge | MOE, J.A. delivered the Judgment of the Court |
| Judgment Date | 05 February 1986 |
| Judgment citation (vLex) | [1986] ECSC J0205-1 |
| Docket Number | CRIMINAL APPEAL NOS. 13, 14 and 15 of 1985 |
| Court | Court of Appeal (Dominica) |
| Date | 05 February 1986 |
IN THE COURT OF APPEAL
The Honourable Mr. Justice Robotham - Chief Justice
The Honourable Mr. Justice Bishop
The Honourable Mr. Justice Moe
CRIMINAL APPEAL NOS. 13, 14 and 15 of 1985
Dr. R.L. Williams for the first Appellant
Mr. John Fuller and Mr. C. Shepherd for the second and third Appellants
Mr. D. Singh, S.C., Desmond Christian (D.P.P.) and Patrick LaRonde for the State.
The three appellants were tried together before a Judge and Jury on a two-count indictment. The first count charged that they on divers days between the 19th day of September, 1980 and the 29th day of April, 1981, in the Commonwealth of Dominica and elsewhere conspired together with Michael Perdue, Wolfgang Droege and other persons unknown to over-throw the lawfully constituted Government of the Commonwealth of Dominica by force of arms. The second count charged that they on divers days between the 19th day of September, 1980 and the 29th April, 1981 in the Commonwealth of Dominica and elsewhere conspired together with Michael Perdue, Wolfgang Droege and other persons unknown to contravene the provisions of section 36(2) of the Small Charges Ordinance, Cap. 53, Laws of Dominica by assaulting police officers in the execution of their duties of guarding the Police Headquarters at Roseau, Commonwealth of Dominica.
The appellants were found guilty on the first count; the first appellant was sentenced to 5 years hard labour while the second and third appellants were each sentenced to 12 years hard labour. They all appealed against conviction and sentence.
Patrick John was a former Premier and Prime Minister of Dominica. Malcolm Reid was a Captain in and second in command of the Dominica Defence Force. Julian David was a businessman.
On July 23, 1980 after the holding of elections the Honourable Mary Eugenia Charles was sworn in as Prime Minister and others as Ministers of Government. These matters were duly Gazetted.
Evidence was given by one Algernon Maffie. He had nine previous convictions, six of which involved the use of violence. Further while in custody pending the hearing of a charge of murder against him he took leave of the Prison when it was destroyed by Hurricane David in August, 1979. He was never retaken into custody. He gave evidence at the preliminary inquiry in this case in October, 1981 and the charge of murder was formally discontinued by the Director of Public Prosecutions on December 14, 1981.
Maffie testified that in December, 1980 he went to the home of Malcolm Reid where he, Reid and another had conversation about a plan to take the State of Dominica. Reid explained it would be a joint enterprise between the Defence Force, dreads and foreign mercenaries. That arms, ammunition and finance would come from friendly people in the U.S. and Michael Perdue was the contact man in the U.S. He, Maffie was to mobolise the dreads.
Subsequent to this Reid paid several visits to his (Maffie's) house, some of which were for the purpose of making collect overseas telephone calls to Michael Purdue in Texas.
On a Sunday in January, 1981 he went to Reid's home where Patrick John and Julian David also came. He heard John and Reid discussing the amount of men needed for the operation. They all discussed transport. He mentioned getting a Suzuki jeep and Julian David said that at the time he did not have money to obtain new transport but assured him he had enough to get a reconditioned land rover jeep or a Volkswagon. John and David left after the discussion but before he Maffie left, Reid gave him a slip of paper with Michael Perdue's telephone number and also gave him a message for Perdue. When he got home he called Perdue and in the course of their conversation, they arranged to meet in Antigua at the Castle Harbour Hotel between 29th and 31st January, 1981. Perdue said he would send $300 U.S. to Julian David through the Royal Bank of Canada to take care of Maffie's travel expenses.
Maffie told Reid about this conversation and made checks with Julian David about the money. On the 29th January, 1981, David phoned the Royal Bank of Canada and learnt that the money had arrived. David asked him to get Income Tax clearances for himself and Reid which he obtained and handed over to David. Later the same day Reid came to his house and delivered a LIAT plane ticket and his Income Tax clearance. Reid also said he had the money for expenses.
On the 30th January, 1981, following a phone call from Julian David he was picked up in a land rover jeep and taken to Patrick John's home to meet Reid. David was present but not Reid. They waited a couple of hours and then decided that David and Maffie would go in search of Reid. Before they left John handed Maffie a large envelope and told him to give it to Reid for delivery by him to Perdue. Reid was located and Maffie handed over to him the envelope.
On 31st January, 1981, Reid and Maffie left Dominica and went to Antigua by LIAT. On arrival they went to the Castle Harbour Hotel, where they met with Michael Perdue in a room. Maffie was introduced to Perdue and Reid handed Perdue the envelope received from John. Perdue opened it and took two documents therefrom. There was discussion between Perdue and Reid about the documents which were in the envelope and about the merits of the M16 and Bushmaster rifles. Perdue handed over to Reid a parcel of hundred dollar notes. At lunch time there was discussion on the contract and after lunch Reid gave Maffie a copy of the contract for study.
Later that night there was a discussion between them about the contract and the money Perdue said he required in advance. Some amendments were made to the contract. On 1st February, 1981, they left Antigua.
On 3rd February, 1981, Maffie, Reid, David and Patrick John met together at John's home. They discussed the contract and the money Perdue was asking for. John said the $200,000 being asked was crazy as he was not sure he could raise that type of money at the time.
The four of then again met the following week at the home of David Kentish. The contract was again discussed and it was agreed that positions on the Revolutionary Council would be as follows:— Patrick John, Leader and in charge of Foreign Affairs and the entire military; Malcolm Reid, Commander of the Armed Forces; Julian David, Treasurer; Dennis Joseph, in charge of Radio and Telecommunications.
It was also agreed that the landing of the mercenaries would be at the former Dominica Mining Co. site.
Here I comment that it would be seen that Maffie had to be treated as an accomplice and in light of the fact that a murder charge was still pending against him also as a person with an interest to serve.
The evidence of John Osburg was that as a special agent with the Bureau of Alcohol, Tobacco and Firearms in the U.S. Government he received certain information from a Michael Howell as a result of which he went on board a vessel "Maniana" in Municipal Yacht Harbour, New Orleans. On board he met Michael Perdue who in course of conversation stated that he was looking for a ship to transport him and some men, arms, ammunition and supplies from New Orleans to the island of Dominica for the purpose of overthrowing the Government on the island of Dominica. That he had an agreement with the Ex Prime Minister, a Captain Reid and a Major Robertson and also a contract with the Ex Prime Minister. Perdue agreed to charter the vessel for $18,000 U.S. There were several other meetings between Osburg, Perdue, and Howell. On 26th April, 1981, one Wolfgang Droege joined them. At the meeting on that date Perdue said he had a contract with Ex Prime Minister Patrick John to furnish arms and ammunition to overthrow the Government of Eugenia Charles. He said the Ex Prime Minister was in Dominica in police custody; the first objective was to free Patrick John from police custody, attack the police complex and seize their weapons. Perdue had photographs of the police complex, the city of Roseau, maps of the island and the plans on the landing of the vessel near a mining fort. Perdue gave him Osburg $9,800 U.S. toward the charter, maps of the island and the plans on the landing. He also stated that the parties on their/return to the U.S. would be paid $3,200 U.S. Mr. Droege said that once they had control of the island he and Perdue hoped to make several million dollars before leaving. They would operate a cocaine laboratory and would use "Maniana' to transport cocaine and marijuana from Dominica to the U.S. On 27th April, 1981, in a Park on the outskirts of New Orleans, Perdue, Droege and seven other persons transferred arms, ammunition, clothing, explosives and other items from their respective vehicles to a van and a large truck. Eventually they were all arrested by Osburg and other U.S. Government agents. Osburg took possession of the arms, ammunition and other articles including a brief-case taken from Perdue. In the brief-case were found, a map of the island of Dominica, a hand drawn map of the police compound, an address book belonging to Perdue, a document headed Operation Red Dog, a letter addressed to Michael Perdue and signed Patrick John and a document headed "Contract". These documents were put in evidence and taken together they indicated the manner in which the conspirators hoped to achieve their objective. Another special agent Lloyd Grafton gave similar evidence.
Also put in evidence were Immigration Cards in respect of Perdue as an incoming passenger to Dominica on 18th September, 1980 and 13th December, 1980, and outgoing passenger on 20th September, 1980 and 17th December, 1980; a diary taken from Reid's home and bearing handwriting known to be his and other documents bearing handwriting known to...
To continue reading
Request your trial