Trial Judge `misdirected' jury -- Wellman lawyers
convictions drew to an end yesterday with his lawyers claiming the jury reached "unreasonable'' verdicts.
Jamaican lawyer Mr. Frank Phipps QC assisted by Mr. Ed Bailey also submitted the Supreme Court jury was misdirected by the trial judge.
The Court of Appeal, presided by the Hon. Sir Denys Roberts, said it would announce its decision later this month.
The two lawyers argued during the three-day appeal, apart from being "unreasonable'' the verdicts were "inconsistent considering the charges''.
And they said the trial judge misdirected the jury by not following the law on corroboration and naming a witness as an accomplice without further directions.
Mr. Phipps said the Supreme Court jury was wrong to find Everette's brother and co-defendant Wallace Wellman not guilty last October without acquitting Everette Wellman as well.
Mr. Phipps pointed out that Everette was charged with possessing the cannabis with intent to supply "while concerned together'' with his brother Wallace.
He submitted that Puisne Judge the Hon. Mr. Justice (Austin) Ward should have told the jury that if they believed the evidence of one of the brothers they must acquit them both.
He further submitted: "By labelling Norman Wellman (not related to the brothers) as an accomplice and not distinguishing the fact he may have been an accomplice of persons other than the accused, was dangerous to the appellant and he suffered by it.'' But acting Solicitor General Mr. Brian Calhoun said in his submissions if the jury believed self-employed truck driver Norman Wellman was an accomplice, "it goes without saying he is an accomplice of others not before the court because Everette's position was that the drugs were Norman Wellman's and Norman Wellman's position was that the drugs were Everette's''.
Mr. Calhoun argued the jury's verdicts were not "unreasonable'' because there was "plenty'' of other evidence against Everette without Norman Wellman's testimony, including the "tools'' (cleaning material, screwdriver, pliers and "baggies'') that Everette purchased on the way to the Southampton address and his covering of his BMW once at the Southampton address.
The trial judge had told jurors it was dangerous to convict Everette on the evidence of Norman Wellman alone and invited them to look for corroborating evidence from other sources.
But Mr. Bailey submitted the pieces of evidence Mr. Calhoun cited "were not capable of amounting to corroboration of Norman Wellman's story''.
Everette, who owns a leather goods store with his brother Wallace, was sentenced to 12 years in Casemates Prison after a jury found him guilty of importing 14.5 pounds of cannabis and 14.6 ounces of cocaine last March 20, and possessing the cannabis with intent to supply.
The drugs had a street value of more than $500,000, jurors heard. The same jury found Wallace not guilty of the single charge against him of possessing cannabis with intent to supply.
The brothers were arrested at a Southampton apartment after Norman Wellman delivered four televisions loaded with cannabis to them.
Norman Wellman had been arrested while "poking'' in one of the televisions.
He denied the drugs were his and said Everette had paid him to pick up the TV sets and deliver them to the Southampton address. Police followed him to that address.
The two brothers claimed they had been waiting at the apartment for Norman Wellman to deliver asphalt -- not drugs.