Latvian sailor appeals against drug and ammo conviction

Latvian sailor Janis Zegelis has launched an appeal against his conviction in the Court of Appeal.

Zegelis’s appeal began this morning in front of the Court of Appeal panel including President Edward Zacca.

The father-of-three was sentenced to 25 years in prison in June 2012 for smuggling 166 kilos of cocaine, a semi-automatic 9mm Beretta pistol and 192 rounds of ammunition.

While the cocaine was worth $48 million on the streets, the court heard it was never intended to be distributed in Bermuda as Zegelis was on his way to Latvia from Trinidad when the boat’s mast broke.

Zegelis sailed into Bermuda on July 21, 2011 and the boat wasn’t searched until August 1.

In court today, Zegelis’s lawyer Kamal Worrell argued Puisne Judge Carlisle Greaves misdirected the jury on the defense of duress.

During the trial, the court heard Zegelis was island-hopping in the Caribbean and chartering boats.

In his evidence he said he was paid by a Russian man to sail his boat, Arturs, from Trinidad to Latvia. He told the jury he was unaware the drugs were onboard until a few days into the voyage.

Zegelis said he found them in the front compartment of the boat and didn’t throw them over board for fear of his family’s safety.

The court heard the drugs were 81 percent purity and were wrapped in plastic and latex.

Mr Worrell said: “The judge misdirected the jury in relation to duress in that he gave directions, he didn’t use the word duress in relation to the specific defense in which he directed the jury because in Bermuda law, there doesn’t appear a specific defense of duress.”

By President Zacca said: “If it’s not in the law, you go to the common law surely. The defense used was the word duress.”

He also said a defense of duress wasn’t the most “appropriate”.

The case has made history as the largest cocaine seizure to be prosecuted in Bermuda.

The appeal continues this afternoon. The crown is represented by Director of Pubic Prosecutions Rory Field and Deputy Director Cindy Clarke.