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An “unusual case” that saw a drug importation charge dropped has led to a man being sentenced to eight months imprisonment for a RIPL offence.
Nicolae Lucian Badarau (38) has been in custody since 2 December 2022 and his sentence was backdated to the time of his arrest.
Badarau was stopped by Guernsey Customs at the harbour and four packages of white powder were found in the car he was driving. Upon examination the packages tested positive for ketamine and trace amounts of cocaine.
He was served a RIPL notice which would’ve required him to give up the passcode to his phone. He didn’t comply and this serves as the basis for his sentencing.
His phone was subsequently examined anyway, revealing a word document that seemed to provide advice on producing ecstasy.
Despite this, the drug importation charge was not proceeded with. In Judge Russel Finch’s statement on the case he said:
“On 15 March, a statement of proof was produced by your Advocate, signed by you. The Prosecution have also explained why the drug importation charge was not proceeded with. As stated, this is an unusual case.”
The penalty of failing to give up a phone password has recently gone up to a maximum of five years, and Judge Finch used this as a starting point.
“We must sentence on the offence before us. Taking everything in this, as stated, unusual offence into account.
“The sentence is eight months’ imprisonment with effect from 2 December, 2022. This entails your release now, or very soon. No evidence has been offered and the matter of the drug matter is discharged and is no longer in existence.”
Judge Finch said if Badarau had been found guilty of drug importation he would’ve been deported.
“On the basis of the offence before the Court we do not do so,” he said.
“We want you to depart from Guernsey. You would not receive a work permit if you came back. All your family links are with the UK and your home country. There is nothing for you here.”
The Regulation of Investigatory Powers (Bailiwick of Guernsey) Law, 2003 gives law enforcement legal backing to ask people to provide passwords to electronic devices.
The refusal to provide investigators with information is an increasingly common offence appearing before Guernsey's Courts. Immediate imprisonment is the invariable outcome for the decision to decline passwords needed to unlock information.
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