[UPDATED] Convicted human trafficker escapes custody

GREGORY MCBURNIE

TT now has its first conviction under the Trafficking in Persons Act.

However, the convict is on the run, having removed his electronic monitoring device while on bail during the trial.

National Security Minister Fitzgerald Hinds, speaking at a press conference on Friday afternoon, said Anthony Michael Smith was convicted, in absentia, of five charges including human trafficking.

Smith, who was previously convicted of larceny, aiding and abetting in lewd and suggestive dancing and selling intoxicating liquor, came to the police’s attention again after officers raided a house located at Cane Farm Road, Arouca in September 2015 and found a passport belonging to a minor.

Woman Police Corporal Dane-Marie Marshall said the house also contained sexual paraphernalia.

She said two Venezuelan women were also in the house but they decided not to proceed with a case against Smith and returned to their homes.

After the investigation, Smith was charged in January 2016 with 17 counts of sexually penetrating a child contrary to Section 18 of the Children’s Act; five counts of child prostitution contrary to Section 14 of the Children’s Act; three counts of assault under Section 30 of the Offences Against the Persons Act 11:08 and one count of recruiting a child for the purpose of trafficking contrary to Sector 18 of the Trafficking in Persons Act Chapter 12:10.

However, after a preliminary inquiry, the matter proceeded to trial with Smith only facing five charges.

Director of the Ministry of National Security’s Electronic Monitoring Unit (EMU) Lawrence Hinds said while out on bail, Smith was ordered to wear an electronic monitoring system and was placed on a “24-hour home curfew.”

He said Smith approached the court after almost two years on the curfew and asked for a variation of the court-ordered monitoring to allow him to work.

Lawrence Hinds added, “Based on the instructions of the court, we placed him on a one-piece device. He stayed on that device for a further 370 days. In total, he remained on an electronic monitoring programme for 880 days.”

The trial began on September 18, 2023, and Smith showed up for several days and even applied to the court to change his attorney.

However, on the morning of September 24, Smith did not show up for court.

Lawrence Hinds explained, “On September 24, 2023, at approximately 6.32 am, Smith’s device sent an alarm, indicating there was a trigger on the strap which indicated there was some sort of interference. “Following our standard operating procedure and all relevant checks, we initiated the police response mechanism in order to locate Mr Smith after all attempts to contact him failed. That proved negative as there was no sign of Mr Smith.”

The matter proceeded as court rules allow the court to carry on a trial even if the accused is absent.

The jury, nine men and women, found Smith guilty on all five charges and, when recaptured, he will serve 15 years in prison.

The minister said the conviction, despite Smith's absconding, is good news for TT’s international reputation.

“TT is now ranked by the US Department of State on the Trafficking in Persons Index at Tier 2 watchlist.

“This means we are one of those countries in accordance with those assessments that have not yet met full compliance with international standards but certainly are making every effort to be in full compliance. “One of the issues that has been responsible for that, among others, is the suggestion that we have not had a successful prosecution for the period we have been assessed.”

“It is my very fervent hope that they will (adjust our standing on the index). Because being on the tier 2 watchlist is not the best place to be. Certainly, it is undesirable for TT.”

He added, “This (conviction) appears to be a culmination of things happening in the background, with tremendous focus and work…for the interest and protection of TT and our international reputation.”

Marshall, who conducted the investigation and charged Smith, warned of the dangers of children looking for work.

She said the victim was groomed and made to work in Smith’s bar before eventually being abused and forced into prostitution.

“Sometime in 2015, she was asked to assist him with a foreign national at a hotel in Port of Spain.

“When he said assist him, it was to have sexual intercourse with that person. The child found herself in various situations where she had to perform sexual intercourse with men and observed Smith receiving money on her behalf. During the ordeal, she suffered beatings, embarrassment and sexual attacks from both Smith and other clients.”

“This child answered an ad in the newspapers for employment…If your child says they want to seek employment, you have to be careful. “Trafficking happened within the limits of TT. We have to protect our young people, and we have to safeguard them. If you see something, say something.”

Meanwhile, Hinds rebuffed claims that Smith’s absconding was a stain on the historic conviction.

“The matter of his absconding leaves no stain on the system because it worked, and it worked particularly well. The rules of the court permitted that the trial be pursued in absentia so it puts no stain on the system. A warrant has been issued for his arrest.

“If and when he is arrested, he will be taken to a place that has been provided for him for the next 15 years.”

He said the EMU has since improved its processes.

“In light of all of the experiences of that division, observing best practices and taking note of things happening technologically and internationally, action has been taken to further enhance and improve our techniques in this regard in accordance with international best practice.

Opposition MP Dr Roodal Moonilal said the conviction is a “welcome development.” But he said the human trafficking legislation was passed by the People’s Partnership administration.

He commended all organisations and individuals involved in the law enforcement and judicial processes. He said he noted with alarm “the absurdity of...summoning the media to announce that the convicted criminal cannot be located.”

This story was originally published with the title "Human trafficker convicted while on the run" and has been adjusted to include additional details. See original post below.

TT has achieved its first conviction under the Trafficking in Persons Act.

National Security Minister Fitzgerald Hinds revealed the conviction while speaking at a press conference on Friday afternoon.

However, Hinds said the convict, Anthony Michael Smith, removed his electronic monitoring bracelet and absconded before the trial.

Smith was initially slapped with 21 charges but after a preliminary inquiry, five of those charges proceeded to trial.

Smith was found guilty on all five charges and, when recaptured, will serve 15 years in prison.