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Alleged drug smugglers walk free

cocaine ended yesterday with the Senior Magistrate saying they had no case to answer.Yangustanta Bramada, a 23-year-old Indonesian and Lennox Lorraine Afflick, a 40-year-old Jamaican,

cocaine ended yesterday with the Senior Magistrate saying they had no case to answer.

Yangustanta Bramada, a 23-year-old Indonesian and Lennox Lorraine Afflick, a 40-year-old Jamaican, showed no reaction after Magistrate Archibald Warner said they were "discharged and acquitted'' on charges they supplied $45,000 worth of cocaine or handled the cocaine with intent to supply.

A third man, Clinton Alphonso Wright, pleaded guilty in July to handling the drugs and was sentenced to four years by Mr. Warner. Charges of importing and possessing cocaine with intent to supply were dropped against Wright, 34, a Jamaican resident of Bermuda, in exchange for his guilty plea.

Wright's case was hailed by Collector of Customs, William LeDrew, as an example of narcotics officers' success in developing "intelligence'' to fight importation.

Mr. Afflick and Mr. Bramada were all smiles yesterday as they were led away as free men without a handcuff in sight by Prison Officers.

They were taken to a waiting van for the ride back to Westgate to collect their belongings.

Mr. Warner said: "This case makes abundantly clear that very often it is not the truth but it is the evidence that leads to convictions.

Mr. Warner added that "acquittals have little to do with the truth and very often it is the strict rules of evidence'', hinting that were it not for the way the pair were handled while in Police custody they might have been convicted.

"The only thing left for me is to order their immediate release and order that their money be returned to them as should be their travel documents,'' he added.

"I want to thank counsel for their help in this difficult trial, difficult not only in terms of law but also in getting through it.'' Mr. Bramada was represented by Elizabeth Christopher and Mr. Afflick by Victoria Pearman.

Despite Mr. Warner's warning to the lawyers that he expected the case to be complete within eight weeks of the trio's first appearance on July 28, the case began early in September.

Magistrate releases alleged cocaine smugglers There were lengthy legal arguments -- particularly on the amount of time a person can be held and on access to a lawyer.

In between, Mr. Warner has been on leave and has attended seminars abroad while the lawyers have handled other cases.

During the trial Mr. Warner heard that the men were arrested after Police and Customs officers swooped in on suspicious Monday night activity at the City Hall parking lot.

On Thursday, July 27 both men allegedly "confessed'', with Mr. Bramada's admissions coming after a marathon seven-hour statement and question and answer session.

The pair were held for more than the legal 72 hours by Police -- a fact which almost prompted Mr. Afflick's first lawyer, Richard Hector to file a writ of habeas corpus for his immediate release.

Much of Ms Christopher's line of argument dealt with Mr. Bramada's lack of proficiency in English and his understanding of his right to a lawyer.

Ms Christopher also pointed out a fatal flaw in the Crown's evidence that a Customs officer was either "dog tired'' or fed answers to Mr. Bramada when he wrote "now that you have read the questions and answers given to you'' at the end of his third statement.

Mr. Warner called the allegation "very serious'' and told the officer the result could be profound if proven correct.

In between making arrangements for their clients last night, the lawyers both commented on the implications of the case.

Ms Pearman said: "It's been a long and difficult case but we are gratified to see the constitutional protections and safeguards afforded by the Common Law are alive and well in Magistrates' Court.

"We are very hopeful that in the very near future,'' Ms Pearman continued, "that something akin to the English Police and Evidence Act (PACE) will be implemented as law in Bermuda which will safeguard the rights of people who are detained by Police.'' She added: "PACE will provide for greater consistency and guidelines from Police.'' Ms Christopher said: "Mr. Bramada is very happy. He won't stop shaking my hand! "I'm happy with the decision,'' she added. "Implicit in the decision is a recognition that you have to treat prisoners with a certain amount of respect for the Judges Rules (which govern how people in custody are held and cared for).

"I just hope that when the Police lose cases like this it causes them to examine how they deal with prisoners. Hopefully in the future, people will be treated more fairly and with a bit more respect for their humanity.''