R v Jennifer Fox and Neil Fox and Robert Evans

• Jurisdiction: Bermuda
• Judgment Date: 18 October 1989
• Date: 18 October 1989
• Docket Number: Criminal Jurisdiction 1989 No. 15
• Court: Supreme Court (Bermuda)

In the Supreme Court of Bermuda

L.A. Ward

Criminal Jurisdiction 1989 No. 15

R

and

Jennifer Fox

Neil Fox

Robert Evans

Mr. Richard Hector for J. Fox and N. Fox

Mr. Julian Hall for Evans

Mr. Robin McMillan for the Crown

RULING

I remind myself that the onus is on the prosecution to satisfy me that the statements of the defendants were voluntary in the sense that they were not obtained from the respective defendants by fear of prejudice or hope of advantage, exercised or held out by a person in authority, or by oppression.

There are two statements and two recorded interviews by Chappell, two statements and three recorded interviews by Fox and two statements and one recorded interview by Evans. In considering the voluntariness of the respective statements and interviews it will be necessary to deal with the defendants separately.

Prior to the 30th September 1988 a suspect parcel addressed to Chappell arrived at the Post Office of the U.S. Naval Base. On the 30th September Chappell collected it from the postal assistant. The police were observing what was happening. Chappell placed the parcel in a motorcar driven by Harry Fox, the grandfather of Neil Fox, the defendant. The motorcar was driven from the Naval Base to the Fox residence at St. David's. It was followed by the police. Chappell entered the house and told Neil Fox that there was a parcel for him, in the car. He removed it and soon thereafter the police armed with a Search Warrant entered the premises and at about 10.50 a.m. Chappell and Fox were arrested.

Chappell was taken to the Narcotics Office at Prospect and at 2.35 p.m. she gave a statement. The defence contends that the statement was not voluntary.

Earlier in the morning of the 30th September at St. David's, and again in the afternoon at Prospect just prior to the giving of her statement, Chappell had encountered Witness Galeone, a Special Agent and Criminal Investigator at the U.S. Naval Base. He had accompanied the police officers to the Fox residence where Chappell was arrested. Chappell is an American citizen. Galeone told her inter alia that because of her actions her mother could lose her job on the Base, that her step-father could be kicked out of the Navy, that the Base privileges could be removed and that she should cooperate with the police. From the role which he played in the company of the police in the entire operation, I am left in no doubt whatsoever that he was a person in authority.

At St. David's he made little impression on Chappell and regarded her as arrogant. He again saw her at Prospect prior to the making of her statement and he repeated the dire possibilities which could only be mitigated by cooperation with the police. In addition he told her that her mother did not want to have anything to do with her. She was seventeen years old. She did not have the benefit of legal advice. I am satisfied that Galeone's...