11/16/2010 1:00:00 PM

http://bermudasun.bm/main.asp?SectionID=24&SubSectionID=270&ArticleID=49091

TUESDAY, NOV. 16: A businessman has failed to get his money laundering conviction overturned by the Court of Appeal.

Goodwin Davano Spencer, 42, was sentenced to seven years in prison after being found guilty of 11 charges in November 2008.

Spencer transferred tens of thousands of dollars, said to be the drug dealing profits of Trinidadian Wayne Jagoo.

The offences were committed between November 2004 and November 2005.

During his trial the jury heard that wire transfers and drafts went to associates of Jagoo’s in Trinidad and the U.K.

Spencer, who owned Tuff Shoes and Mega Power Car Care Products, sent this money or helped Jagoo access it through bank wires.

He also gave Jagoo access to the funds by getting others to send bank drafts to him directly as well as open Bermuda bank accounts, which Jagoo later received the ATM cards for.

Spencer’s lawyer, Shade Subair, launched an appeal against the conviction and sentence.

Spencer alleged his case was prejudiced by rulings made during the trial by Chief Justice Richard Ground and claimed there was no case to answer.

But the Court of Appeal judges dismissed the appeal.

Their ruling stated: “The main issues before the jury and on this appeal on each of the 11 counts were and are whether the Crown proved that Mr. Jagoo had engaged in or benefited from, or was engaging in or benefiting from, criminal conduct in the form of drug trafficking and if so, whether at the material times, Mr. Spencer knew or suspected him of such criminal conduct.”

During the trial, Spencer said he transferred money to Jagoo in small installments to buy a boat, Julie.

As for why the judges felt Spencer had a case to answer, the ruling said: “The Crown’s evidence, in the main unchallenged and/or admitted, on the 11 counts established that Mr. Spencer had transferred at least $177,329.28 over the nine-month period from November 2004 to July 2005, through a series of 21 wire payments, three drafts and 137 withdrawals from ATM machines and by the use of five debit cards found in his possession.

 “We go further and say that it was a strong case, involving as it did evidence of financial transactions, relationships and movements on Mr. Spencer, Mr. Jagoo and the other parties whose involvement was powerfully evidences in the story, all pointing to his close and knowing involvement in laundering the proceeds of criminal conduct by Mr. Jagoo.”

Spencer was sentenced to seven years in prison on each count to run concurrently in December 2008.

He maintained his innocence and did not give any evidence during the trial.

This case was the first of its kind to be tried under the Proceeds of Crime Amendment Act 2007 & 2008, which broadened the definition of the crime.