Drugs trial nears conclusion
prosecutor Vinnette Graham Allen and defence attorney Mark Pettingill yesterday.
Ms Allen argued that the discovery of the drugs in Rabain's closet and belongings -- in addition to her hysterical behaviour and inconsistent statements -- suggested her guilt.
Mr. Pettingill countered that his client only reacted with the confusion and fear which would grip anyone should the Police unexpectedly arrive and find a quantity of drugs in their home.
The 23-year-old dental receptionist of Somersall Road, Smith's, is charged with possession with intent to supply more than $280,000 worth of heroin in the unusual case being heard before Justice Norma Wade Miller in Supreme Court.
Two other members of the Rabain family have also been charged with the same offence with regards to the same heroin in the past year.
Charges were dropped against Takiya's mother Marva Rabain last September but her father Vincent Victor Rabain is currently serving a ten-year prison sentence after pleading guilty to the charge last August.
"This is a commonsense case,'' the senior Crown counsel told the jury adding they should not be distracted by "red herrings''.
"There are a lot of red herrings you're going to hear about such as the fingerprints,'' she said, referring to evidence introduced on Monday by the defence counsel that fingerprints had been taken at the scene although the Police had testified earlier in the trial that was not the case. "That was never part of our case,'' she said.
She took the jury through Police notes from the time of the arrest, saying Rabain tried to distance herself from the closet where the drugs were found and that it was not until two days after Rabain's release on January 29 of last year, that she told the story that her father had been in her room earlier on the day the drugs were found.
Ms Allen said Police never had any information connecting Vincent Rabain to the drugs other than his own confession, which he made voluntarily. "Could it be the father taking the rap for the daughter?'' she asked. "Could it be?'' Ms Allen said the jury should seriously consider whether Rabain's testimony could be believed. "Why was she behaving in the manner she did?'' she asked.
Defence lawyer Mark Pettingill countered that Rabain had only behaved as anybody would in similar circumstances.
"You've got to put yourselves in that individual's place,'' he said indicating to Rabain. "Ask how you'd want the law to work for you, if it was you.'' He argued that given that responsibility for the drugs had been taken by Vincent Rabain -- and accepted by the authorities -- Takiya Rabain should not have been on trial and that beyond a not-guilty verdict, he wished to give her "vindication''.
While the Crown had tried to dismiss the matter of the fingerprints taken, he argued they were important to the defence case. "The matter of the fingerprints stinks,'' he said. "That's the only way to say it. Doesn't that stink just permeate into everything else.'' Justice Norma Wade Miller will give her summary of the case this morning.