Judge questions why man with criminal record was allowed in

Just seven weeks after arriving in the island to work as a chef, Alexandre Bourdou, 32, was caught importing cannabis resin and cocaine.

He had a criminal record in France for matters relating to drugs, domestic violence and theft.

The defendant, who had previously given his address as Flat 4, Beauisant, 34, Glategny Esplanade, St Peter Port, admitted bringing in the drugs in October.

Customs officers were clearing passengers who had arrived from St Malo by ferry.

They stopped Bourdou, who said he had been in Rennes to visit his family and was coming back to Guernsey for work.

He said he was not carrying any drugs, and while he had used drugs in France, he never had in Guernsey.

Swabs of his possessions showed traces of cocaine and officers noticed that Bourdou appeared nervous. A strip search was authorised and a small package was found concealed.

Inside was found 3.97g of cocaine and 67.59g of cannabis resin. His home was searched and a knife with brown resin on it was found on top of a wardrobe.

In his police interview, Bourdou said he had bought the drugs in France for 400 euros. He said both were for his personal use – he used cannabis daily, while he had bought the cocaine to use on New Year’s Eve.

He had been concerned that the ferries to France were unreliable in winter, so had wanted to stock up. It was estimated that in Guernsey the cannabis would have a value of up to about £2,000, while the cocaine would be worth up to nearly £600.

There was a request for Bourdou to be deported.

Defence advocate Samuel Steel said his client had moved to Guernsey for a job and was attracted by the high wages. He had not planned to import drugs.

The substances were all for Bourdou’s personal use and Advocate Steel asked the court to note that the drugs were not concealed internally.

Bourdou planned to return to France at the first opportunity.

Judge Russell Finch said the matter must be marked with a custodial sentence.

‘The claim a drug is for personal use does not help when, as here, there is a significant amount of cannabis and it adds to the stock of drugs on the island,’ he said.

Bourdou was sentenced to three years in prison for the cannabis charge and 12 months, concurrent, for the cocaine.

In considering his deportation, the court noted that the latest conviction was serious, Bourdou had no family in Guernsey and he had limited links to the island.

Judge Finch concluded that Bourdou’s continued presence in Guernsey was not in the interests of public good and recommended the deportation, which will be decided by the Lt-Governor.

He said he was concerned that Bourdou was permitted to work here at all, considering his record.

'Law has power to keep out people with a record'

SERIOUS criminal records do block people from living in Guernsey, the island’s population management administrator, Vicky Lajoie, has said.

Her comment follows concerns raised by Judge Russell Finch in the Royal Court after a man with a long criminal record in France, which included drugs, theft and domestic violence, was allowed to come to Guernsey. He had committed a serious drugs offence within seven weeks of arriving.

Ms Lajoie said the Population Management Office could not comment on individual cases.

‘However, as part of the online permit/certificate application, individuals must declare all unspent convictions,’ she said.

‘A person who is not resident in Guernsey who has a serious criminal record will in almost all circumstances be refused a permit or certificate from the population management officer and will not be able to come to live and work in the island. An individual can be prosecuted for making a false declaration.’

However, she did not say what checks are made to ensure that applicants are making honest statements.

When making an application all unspent convictions must be declared. The time it takes for these to be considered spent varies on the seriousness of the crime.

Any crime which results in more than 30 months in prison is considered never spent.

All others have a maximum period of up to 10 years before being spent.

Serious criminal offences can include violence, sexual assault, money laundering or fraud. There is also a less serious category of offending, which includes matters such as affray, tax evasion and drugs offences.

A serious criminal record means a person has either one of the more serious matters or two of the less serious ones.