A prison officer who admitted to taking marijuana into the correctional facility to give to an inmate should have been sentenced to prison, instead of being fined, a prosecutor argued in the Court of Appeal yesterday.
Ervin Miller, 53, pleaded guilty to a charge of marijuana possession with intent to supply with respect to 5.5 grams of marijuana and paid a $500 fine to avoid serving a six-month sentence.
Officers from the Drug Enforcement Unit searched Miller at the Bahamas Department of Correctional Services and confiscated $700 as the suspected proceeds of drug sales.
Prosecutor Ambrose Armbrister told Justices of Appeal President Dame Anita Allen, Jon Isaacs and Stella Crane-Scott that Ervin Miller deserved a prison term of 30 months as he had breached the trust of the public.
In such circumstances, Armbrister said a prison term is mandatory and the only thing up for consideration is the length of the sentence.
Miller’s attorney, Devard Francis, argued that the fine was appropriate since Miller had lost his job, his pension and gratuity.
The court will give its decision on Friday.
Last week, the appellate court upheld the conviction and sentence of another prison guard, Donovan Rolle, who had assisted inmates in damaging the facility’s cell phone jammer.
Rolle gave three convicts access to the restricted area where the jammer is housed and they short-circuited the device.
The electrician said that he repaired the jammer at a cost of $1,500.
Rolle was ordered to compensate the government for the damage caused. Failure to do so will result in him serving an additional six months at the prison.