Jury prepares to consider verdict in smuggling trial
Jurors will today decide the fate of a 21-year-old woman accused of importing $75,000 of cannabis last year.
Puisne Justice Norma Wade Miller will give her final summations this morning and the jury will be charged to decide if Janine Harris imported or handled or possessed cannabis with intent to supply on May 22, 1999.
Her cousin, Colin Nathaniel Washington pleaded guilty last week to importing the drug and will be sentenced next month.
Harris denies knowing there were drugs in a luggage bag her cousin had loaned her after several days of shopping in New Jersey.
In a sign of the way the case had developed, defence lawyer Elizabeth Christopher requested the customary morning adjournment be brought forward after Principal Crown Counsel Dorien Taylor's final summation.
She told Mrs. Justice Wade-Miller at 10.50 a.m.: "I wonder if it might be convenient to have the morning break now so that I can get control of my temper.'' Mr. Taylor told the jury: "Those tears you saw on the stand were mere crocodile tears.
"If you look at the evidence you will see that Janine Harris had knowledge of these drugs,'' Mr. Taylor continued. "Look at my cross examination and you will see that she stared me down. Don't be misled by that clear and innocent face.
"And she has a right to be silent before when faced with an accusation, yes,'' he added. "But she also has a right to exculpate herself. What was she protecting? She had ample opportunity to disown those drugs. She said nothing.
"My learned friend tried to make heavy weather of the length of time for her to be brought to court. Do not be fooled. She knew they were drugs and she's had a whole year to explain which she has refused to do.'' Mr. Taylor concluded: "Nowhere in that statement did the defendant say these drugs didn't belong to her.
"This is a simple, straightforward, and strong case which is within your province and competence to return a charge of guilty.'' Ms Christopher responded: "I find it very telling that three quarters of My Learned Friend's summation centres around matters which, even by his own admission, are not admissible (in court).
"All I can do is invite you to listen carefully to My Lady's instructions.
Ignore what my friend said about (Harris') silence,'' Ms Christopher continued.
"You've heard no evidence that Janine Harris knew or had reason to expect that bag contained drugs,'' she continued. "If you assess the evidence and her demeanour, she is typical of someone who is only 21. A young but truthful witness.
"It was Nathaniel Washington's fingerprints on the plastic wrapping at the bottom of the bag,'' Ms Christopher added. "If she was going abroad to make a drug transaction why would she give accurate information to a US Customs officer? "There was no evasion on her part. In fact its our position that if one denies the bag at the airport that is because you know that there are drugs in the bag.'' Taking a swipe at the newly arrived Barbadian prosecutor, Ms Christopher concluded: "I don't know how it is in Barbados. But in this jurisdiction there is an absolute right to silence.''