Drug smuggler ordered to pay Gov’t $11m
EWART FOWLER, a 54-year-old businessman from St James who was convicted on drug-smuggling charges, has been ordered by the court to pay over $11 million to the Government within six months.
On February 7, 2014, Fowler and his wife were about to board a flight at the Sangster International Airport in Montego Bay destined to Canada, when they were intercepted by members of the Jamaica Constabulary Force attached to the Transnational Crime and Narcotics Division (TCND).
A detailed search of both persons revealed that they were transporting cocaine wrapped in transparent plastic, concealed in compartments under their outfits.
A secondary operation was conducted on the same day at their place of residence during which a refrigerator was searched and three parcels of cocaine were found along with US$1,000, CDN$1,400 and J$28,000 in cash.
The value of the cocaine from the airport and the refrigerator was estimated at approximately J$5.3 million.
The Fowlers were charged with possession of, dealing in and attempting to export cocaine.
On Friday, April 1, 2015, Fowler accepted responsibility for the full weight of the drugs and pleaded guilty to all charges and was sentenced accordingly.
His wife was freed.
COMMITTAL ORDER
In July 2015, the Financial Investigations Division (FID) made an application for a committal order for Fowler to be committed to the St James Circuit Court for a benefit hearing pursuant to Section 5 of the Proceeds of Crime Act (POCA).
Forensic Examiners calculated Fowler’s benefit to be J$14.9 million.
This amount was challenged by Fowler’s defence counsel, who also claimed that he was a mere courier of the drugs and, therefore, did not obtain a benefit from the value of the drugs.
Having heard all submissions in the case, Chief Justice Bryan Sykes ruled on January 26, 2021 that Fowler benefited from his general criminal conduct in the amount of $11.8 million, noting that an amount of approximately $3.1 million represented legitimately earned funds from Fowler’s business.
Upon the application of Fowler’s attorney, an extension of six months was granted by the court for this sum to be paid.
The FID noted that failure to pay is a criminal offence under the POCA, for which Fowler can be arrested, charged, convicted and imprisoned. The debt will remain to be paid in full plus interest accrued after the prison term.
“Please be reminded, there are serious implications for all involved. Your best bet is to stay on the right side of the law. Crime does not pay, it’s very expensive. Under the Proceeds of Crime Act, you had better beware. It doesn’t end when you serve your term of imprisonment or pay a fine. Your assets will be next,” FID’s Director of Legal Services Courtney Smith said.