Man caught with MDMA after ex-cop spots "drug transaction"

Tuesday 22 December 2020

A 34-year-old has been sentenced to almost two years in prison for possessing MDMA, resisting arrest and refusing to disclose his pin code to police officers.

Daniel David Henderson was sentenced to 23 months in Les Nicolles Prison for the offences, which were committed during the spring lockdown.

At around 19:00 on Friday 3 April, an off duty police officer saw what she suspected to be a drugs transaction taking place at a clos in Brock Road, St Peter Port. Shortly after, Henderson, who "appeared to be on edge", was seen cycling down the road towards the Doyle Road Garage.

Police were called and two officers approached him in the forecourt shop, saying they would like to speak to him in private. He followed them out of the shop and was told that he was being detained for a drug search. During this, an ex-cop who was also in the area pointed at Henderson's left hand, in which there was a small brown bottle.

Pictured: Henderson has been on unconditional bail throughout proceedings but will now spend Christmas in prison. 

Henderson reportedly pulled away from officers and would not put his hands behind his back. He resisted arrest and was only apprehended after a struggle which was captured on one of the officer's bodyworn footage. 

The brown bottle, which contained 24 MDMA tablets weighing a total of 8.85g, was confiscated, as was Henderson's iPhone.

Defence Advocate Paul Lockwood said that while his client had some relevant previous offences on his record, he had kept out of trouble for a decade.

Advocate Lockwood suggested that the only reason Henderson was before the Royal Court, and not the Magistrate's Court, was the strong stance taken against those who break the Regulation of Investigatory Powers (Bailiwick of Guernsey) Law by refusing the police access to phones and other devices during criminal investigations. 

The advocate said the Court had set a very "determined policy" to crack down on offences of this type, but urged Judge Russell Finch and the Jurats to take "a more proportionate approach", rather than assuming the worst of his client.

Judge Finch, however, questioned what Henderson was hiding. "Is he hiding the fact that he is a drug dealer?" he enquired.

Advocate Lockwood responded: "[My client told me] he had intimate images that he did not wish the police to pick through."

Pictured: Advocate Lockwood urged the Judge and Jurats to take a proportionate approach to the RIPL offence during his mitigation. 

In his sentencing, Judge Finch expressed scepticism over the excuse given.

"The police are used to seeing private things," he said. "Taking the amount [of MDMA] into consideration and the refusal [to provide access] we take a serious view of the facts."

He said the Court takes a strong stance on RIPL offences as a deterrent to people who think it might be "worth their while" to conceal evidence. 

Judge Finch said Henderson was not a man of previous good character and that this new offence was a concerning one. 

"MDMA is not the type of substance we want on the streets of Guernsey," he told the defendant. 

Henderson was sentenced to 12 months in prison for possession of MDMA, 9 months for the RIPL offence and 2 months for resisting arrest. These will be served consecutively, totalling 23 months.