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Customs Officer Criminally Charged For Tug’s Trip To Honduras
Wed, August 19, 2020
Since Friday we've been reporting on the incident with the Tug-boat at the Big Creek Port. The vessel - which is called the AJ Ellis went to Honduras for 10 days towing the ZMT 1 barge, and all 5 crew members came back positive for COVID 19. The Port of Big Creek has declared that "all proper arrangements, permits and approvals were sought and received from the relevant Belizean Authorities prior to the tug's departure to Honduras."

But, the police don't think so; they think that the trip violated the state of emergency regulations. And tonight, the persons taking the fall for it are a junior customs officer and an immigration officer. This afternoon in Belmopan these public officers were taken before the magistrate like common criminals and charged for "abetment to exiting Belize illegally."

The Customs officer is Deon Castillo and this evening his boss, the comptroller of customs held a rare press conference to express his annoyance at the police charging his officer - without even calling him as a courtesy, and also, for the police objecting to bail. Here's how Griffith put it:

Colin Griffith, Comptroller, Customs
"I have to register my strong objection to Officer Deon Castillo being charged and also it was annoying to recognize or to learn that the Belize Police Department decided to object to bail. The intention is to have this young public officer incarcerated. I cannot countenance the reason behind that. I have been informed that the intention to object to bail is that by issuing the clearance to this vessel to which the officer had no idea that it would not have gone for commercial purposes was tantamount to the officer being a border jumper. I disagree with that and we were able to get bail for Officer Castillo. We had officers with him and we were also able to assist the immigration officer that was charged also Robert Flowers. The custom officer and the immigration officer has been charged. I am not sure of the date for the trial, but the staff and Customs Department will stand fully behind Deon Castillo and we will ensure that we are able to raise the funds for his defense. I can tell you at no time the comptroller of Customs I received any call requesting an officer to give statement, I was the one that reached out to commissioner Williams this afternoon after 1pm when I learnt of what was happening, but there was zero communication from police to customs in relation to the AJ Ellis."

Jules Vasquez, reporter
"It is the first time in many years in covering the news that I have seen a customs officer criminalized for the execution of his duties. Do you find this: a) unprecedented and b) quite outrageous?"

Colin Griffith, Comptroller, Customs
"Both. For a while, I was lost for words in that I can never countenance how is it we could reach where we are. Enforcement agencies have always been able to sit together and resolve issues and if there are matters to be address administratively, we address those matters administratively. I personally called the commissioner early this afternoon asking if there could be a sort of stay of execution for us to discuss this matter, but he informed that it was out of his hands. But it is clearly now in the hands of the customs administration there is no way I am the comptroller of customs could not sit and express my displeasure, my complete disgust with this situation and my support for my officer. It has sent ripples through the customs department and the other agency. I just got off the phone with an individual from immigration. For me it's a real bad day for the public service. But no, I cannot agree with my officer being pulled as a criminal for the performance of duties that are normal."

And normal for customs means treating the AJ Ellis as what is called "a compliant trader." The vessel had made 16 legitimate trips to Honduras since the states of emergency and closed borders came into effect - and they went without incident. So, from a risk management perspective, customs had no reason to doubt it on this one - which turned out to be for reasons other than what's permitted under the state of emergency.

It seems the vessel was not a trip for cargo purposes - which is all that is allowed under the state of emergency and closed border policy. And, everything blew up when the 5 crew members came back with positive Covid tests.

Today the comptroller discussed the actions of his officer and of the Big Creek Group which owns the tug:

Colin Griffith, Comptroller, Customs
"AJ Ellis has made some 16 trips to move cargo. Customs has to classify the AJ Ellis as a compliant trader. We had never had an issue with the AJ Ellis and there is no way that officer Deon Castillo would have known that the clearance issued on the 25th July - the intention of the AJ Ellis was to perform a private enterprise between Roatan and mainland Honduras."

Reporter
"There was a breach of the SOE regulations. Who do you think should be held responsible for what has transpired?"

Colin Griffith, Comptroller, Customs
"I will not go there. I have had discussions with the principals of Banana Enterprise and I expressed to them that in my opinion it was their obligation to inform all of the appropriate authorities what was the real intention of the AJ Ellis. But I will leave it at that. The police have conducted their investigation and in their view, it is the public officials that are at fault. That I strongly disagree with."

Reporter
"Do you this it is disingenuous on the part of the Big Creek Group of Companies knowing fully well of the way how customs operate with the track record of this particular vessel for not saying to customs and other relevant authorities that hey this vessel is not going for commercial purposes and so you guys could have gotten a heads up. If it weren't for that we wouldn't have been here today any at all."

Colin Griffith, Comptroller, Customs
"I have expressed that to the principals of Banana Enterprise, the conversation I had with them that they should have declared that information to Port, Immigration and Customs and I did say to them if that was declared, that vessel would not have gotten the clearance and I believe that they are quite aware of that. But I will leave it at that."

Reporter
"No apologies offered?"

Colin Griffith, Comptroller, Customs
"I spoke with the CEO of Banana Enterprise this afternoon and yes there was an apology in respect to what has occurred to our officer being charged."

And while the Port of Big Creek has apologized to the Comptroller - what about the police? As you heard earlier, they didn't even call the comptroller. Today, Griffith said that they will continue to work together:

Colin Griffith, Comptroller, Customs
"No, this will not affect the professional relationship that exists between the Customs Department and the Police Department. We will and must continue to work together. The Custom Department will continue to perform its enforcement duties. It is amazing how Covid-19 has brought in the forefront this problem that we have been battling for years. I will not get in to all the details of conspiracy with other agencies, but it is great that you all could recognized the challenge that the Customs Department have had in battling contraband. As I said, I spoke with commissioner Williams earlier. I continue to have a good communication with him. I hope to get more calls in relation to some of the other issues that we are having to address some matters, but it will not in any way affect our relationship with the police department."

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