The Tribune

By LEANDRA ROLLE

Tribune Chief Reporter

lrolle@tribunemedia.net

CONVICTED Bahamian drug trafficker Jonathan Eric Gardiner denied US cocaine and firearms conspiracy charges yesterday after a New York judge rejected his latest bid to have the case thrown out.

Gardiner pleaded not guilty to cocaine importation conspiracy and firearms-related charges during his first appearance in a New York court.

He will remain detained on consent without prejudice.

His arraignment came after federal prosecutors in the Southern District of New York secured a grand jury indictment and announced plans to seize assets they say are linked to the alleged drug trafficking scheme.

The charges stem from an alleged long-running conspiracy to move large quantities of cocaine into the United States by plane.

Federal prosecutors allege Gardiner and others knowingly manufactured, distributed and possessed with intent to supply five kilograms or more of cocaine, knowing the drugs would be smuggled into the United States, including waters within 12 miles of the US coast.

The indictment also alleges that the cocaine trafficking involved transportation aboard a US-registered aircraft.

Gardiner, 58, is further accused of possessing firearms and conspiring to possess firearms to support the alleged drug operation.

Prosecutors say Gardiner must forfeit any property derived from the alleged crimes, as well as assets used or intended to be used to commit or facilitate the offences. They also seek forfeiture of firearms and ammunition allegedly connected to the crimes.

The indictment includes a substitute assets provision, meaning prosecutors intend to pursue other property belonging to Gardiner if alleged proceeds or assets cannot be located, have been transferred to third parties, moved outside the court’s jurisdiction, diminished in value or been mixed with other property that cannot easily be separated.

Gardiner was arrested last month after an aircraft travelling from Marsh Harbour, Abaco, to Grand Bahama crashed off the Florida coast on Election Day. He was among 11 Bahamians rescued by US authorities.

According to US court filings, “the passengers aboard the aircraft were engaged in election-related activities, including voting and campaign work.”

His arraignment followed repeated attempts by his legal team to have the case dismissed.

US Magistrate Judge Sarah Cave denied his petition without prejudice yesterday, saying any challenge to his pretrial detention should be made through a bail hearing, which his attorneys may request through the clerk’s office.

After denying the petition, Judge Cave directed prosecutors to promptly turn over evidence to the defence so Gardiner’s lawyers would have enough time to prepare for trial.

The ruling came a day after Gardiner’s lawyer, Susy Ribero-Ayala, filed an emergency petition seeking dismissal of the case.

She made a similar request two days earlier, alleging the US government violated Gardiner’s constitutional and statutory rights by detaining him before filing a criminal complaint and failing to secure a timely indictment.

In Tuesday’s emergency filing, Ms Ribero-Ayala argued that the case involved more than a delayed indictment.

“Rather, it involves a foreign national who entered the United States only because of an aviation emergency; who was detained before any complaint was filed; who remains incarcerated despite the absence of an indictment; whose detention is justified by reference to an alleged ongoing investigation dating back to at least 2023,” she said.

She said the circumstances amount to “an extraordinary deprivation” of liberty and warrant immediate court intervention.

The filing said Gardiner entered the United States involuntarily after the domestic flight from Abaco to Grand Bahama crashed in waters off Florida on May 12.

US authorities previously reported that when Gardiner was rescued, he had three mobile phones and $30,000 in Bahamian currency packed in a manner consistent with narcotics proceeds.

The money was allegedly found in an envelope labelled with the handwritten name of a Bahamian politician, whose name was redacted in the US filing.

That is the same politician alleged in US filings to have met with an undercover DEA source inside Parliament to discuss a cocaine shipment allegedly worth $30m.

Ms Ribero-Ayala said all the other passengers were allowed to return to The Bahamas on May 13 after spending the night in a hotel, while only Gardiner and the pilot remained in US custody.

The filing said the pilot was later released and returned to The Bahamas, but Gardiner was not allowed to leave the hospital after he was medically evaluated.

“Instead, there was an armed law enforcement officer guarding the area where Mr Gardiner was receiving medical treatment and awaiting clearance for discharge,” Ms Ribero-Ayala wrote.

“Once discharged from the hospital, Mr Gardiner was transported to Port Canaveral and placed in a holding cell before being transferred to the Orange County Jail in Orlando, Florida. From that point forward, Mr Gardiner remained continuously deprived of his liberty.”

She said Gardiner made his initial court appearance in Florida on May 15 before being moved through several detention facilities, including the Orange County Jail, the Seminole County Jail, a detention facility in Oklahoma and the Metropolitan Detention Center in New York, where he remains in custody.

The filing also alleges that neither Gardiner’s attorneys nor his family had meaningful communication with him during the transfers.