Barbara Gayle, Staff Reporter

A Bahamian doctor whose US$130,000 (J$8.58 million) aircraft was ordered forfeited to the Jamaican government after it was used in a drug-trafficking operation, is asking the Court of Appeal to set aside the order.

Dr. Bertram Sears, who lives in Nassau, Bahamas, said he was not involved in the illegal activity in Jamaica, which led to the forfeiture of his aircraft.

Resident Magistrate Andrea Thomas had made the forfeiture order after Bradley Mackay, a Bahamian, pleaded guilty in January this year to charges of possession of ganja, dealing in ganja, trafficking in ganja, attempting to export ganja and illegal entry into the island.

Mackay was fined $82,000 or six months imprisonment. He was also jailed for 16 months for attempting to export ganja.

The narcotics police held Mackay at Holland, St. Elizabeth, on September 16 last year and seized the aircraft. Resident Magistrate Andrea Thomas, ordered that the aircraft be forfeited to the Crown.

Innocence declared

Attorney-at-law David Batts, who represents Dr. Sears, submitted yesterday that the Resident Magistrate erred in her ruling on May 25 that the aircraft should be forfeited because there was no basis in law or on the facts for that order.

Dr. Sears is contending that he was innocent of any complicity in any of the offences to which Mackay had pleaded guilty. Dr. Sears has presented affidavits that in September last year his aircraft was left at the Nassau International Airport for repairs.

The aircraft went missing from the airport and it was later discovered that it was in Jamaica. Director of Public Prosecutions, Kent Pantry, is asking the Court of Appeal not to set aside the forfeiture order.

Legal submissions will continue tomorrow before Mr. Justice Paul Harrison, President of the Court of Appeal, Mr. Justice Algernon Smith and Mr. Justice Horace Marsh.