The defence lawyer in the trial of Charlene Webb said yesterday the prosecution had failed to make a case and there was no evidence that a crime had been committed.

At the closing of the prosecution evidence, Mr. Frank Phipps QC told Puisne Judge the Hon. Mr. Justice Ward that there was no case to answer.

Webb, 27, is accused of using US Navy personnel and their Base post office boxes to import cannabis and cocaine into Bermuda.

The Sandys Parish resident denies conspiring with former serviceman Oswald Farrel to import cocaine and cannabis, importing cocaine and cannabis, and possessing those drugs intended for supply.

Mr. Phipps said "the evidence is no higher than suspicion, if anything it is tenuous by virtue of its inherent weakness and internal inconsistencies.

"The main thrust of the prosecution's case is a man named Oswald Farrel who delivered a package to the defendant which contained both cannabis and cocaine, and such delivery, in the prosecution's case, was made because of a previous arrangement. And the main criticism is that not only is Farrel a self-confessed drug smuggler but more importantly he has implicated innocent persons in his drug smuggling operation.

"In addition to that, he has been given immunity from prosecution for this offence and he has been given a discount for the sentence imposed on him for his activities in related matters. The discount was substantial, the inducement was great and the danger in his testimony is inherent.'' Mr. Phipps added that he wanted to make sure an unjust conviction did not arise.

He also said that before the package was delivered to Webb at the St.

Brendan's Hospital it was in the sole possession of Base special agent Bratton, and that the box was tampered with before it was opened at the narcotics office.

"The contents of the package supposedly originated from New York but, suppose there was a set up and there were dummy packages in the box from the beginning.

"This case ought not to be left to the jury. There are violent and irreconcilable contradictions.'' However, Crown counsel Mr. Khamisi Tokumbo argued that there was an "overwhelming amount of evidence in this case with respect of each indictment.'' He added: "I enjoyed listening to my friend smoke screening the evidence.

There is a case to go to the jury and of course the evidence is prejudicial because it is strong and damning.

"To talk of Oswald Farrel or Carl Storey as being self-confessed drug dealers, those are matters for the jury. There were inconsistencies, but not about whether they had an agreement. There is clearly evidence from them of a conspiracy that the defendant took part in.

"There were letters seized from the defendant's residence which she admitted were written by her, and these letters revealed what can only be described as being of a conspiracy nature with incriminating evidence.'' The trial continues today before Puisne Judge the Hon. Justice Ground.