Photo Credit: BVI Platinum News
Senior Magistrate Tamia Richards handed down her first sentence for 2013 where Dwayne Fahie was sentenced to 32 months in relation to the discovery of cannabis and for handling a number of stolen building materials, including three toilets from a homeowner.
Fahie, 36, a BVIslander, received 20 months for unlawful possession of cannabis [883.4 grams] and 12 months for handling stolen goods. The Senior Magistrate said the sentences are to run consecutively, since they are not related.
The sentence will run from the date on remand.
Fahie, a father of five, was represented by lawyer Mary Lou Creque and had pleaded guilty to the offences.
The Magistrate said it was stated that he had the cannabis for medical purposes since he recently underwent spinal cord surgery. However, she said there is no exception in the Territory for the use of marijuana for medical purposes.
She also noted that he was convicted and fined in 2009 for $100 worth of cannabis, but now with the quantity in this case, it shows that he has graduated in the possession of cannabis since the amount is nine times more.
In relation to the stolen materials, Fahie had stated that he bought the items from someone who was being deported. The Magistrate noted that only two of the items were not recovered.
According to court records, the complainant was in the process of building her home at Trunk Bay, which was about 70 percent complete, with all of the windows and doors installed. The woman ordered items from overseas and the items were then stored in the living room of the house, which had a door that could be securely locked.
It was stated that on July 12, 2012 at 2:00 pm, construction workers secured the place before leaving. On July 14, 2012 the workers returned to the premises to continue work and upon entering the living room, it was observed that boxes of tiles were missing. Further checks revealed that lights, faucets, toilets, electrical wire, paint, a circular saw and a saw blade were missing.
The workers made further checks outside of the building where fresh tire marks were seen.
The Police was contacted, investigations were conducted and based on the information received, a search warrant was carried out at Fahie's home on July 18.
During the search, all of the stolen items were recovered, except for one of the three toilets. Some of the items were found outside on the defendant's patio, while others were found inside of the house.
The search continued in the defendant's bedroom where a large quantity of loose stalk that appeared to be cannabis and cannabis seeds, along with a number of dime bags were recovered.