The defence case for two men charged with conspiring with a Bermudian in Jamaica to kill five men failed to start yesterday because the lawyer for one of the accused was unable to attend court.

The trial of Javon Gardner ? whose lawyer was unavailable yesterday and last Thursday ? and Kenneth Durrant will now resume today.

In Supreme Court last Wednesday, a detective in the Bermuda Police Service testified that Gardner wrote five death threats, which were sent by Durrant to Vernon Berkley in Kingston

?Victim Dion Glen Jamelle Ford wants to press charges on me, on me youth. Kill him,? Det. Sgt. Terrence Maxwell said.

Durrant, 53 of Ord Road, Warwick and Gardner, 27, of Crossfield Lane, Sandys have pleaded not guilty to conspiring with Berkley to kill Det. Sgt. Arthur Glasford, Det. Con. Terry Trott, Det. Con. Llewellyn Edwards, Sharrieff Wales and Dion Ford in Bermuda and elsewhere, on or before November 29, 2004.

In addition, the pair have denied attempting to pervert the course of justice on or before November 29.

If found guilty of conspiracy to murder the maximum sentence would be life.

?Me youth Javon Ernest Gardner. My witness Antoine Darrell nickname, Biscuit,? Durrant said in a recorded Police interview.

?Witness for the victim, kill him. Andre R. D. Simons victim, kill him. Police dealing with the case DC 922 Llewellyn J.Edwards, DC 959 Terry Trott. Kill them both.?

There was also an arrow with the words ?kill him? pointing to Det. Sgt. Arthur Glasford 773, he said.

Det. Sgt. Glasford was in charge of the team of detectives investigating an alleged stun gun assault against Dion Ford on Front Street on Saturday, September 25, 2004.

The letter continued to list Police who ?busted up? Gardner?s home on Friday, December 17, 2004 and arrested him at the scene, he said.

Durrant also said the letter stated the charges Gardner faced in Magistrates? Court on December 16, 2004 ? possession of an offensive weapon and assault occasioning actual bodily harm.

Durrant admitted to Det. Sgt. Maxwell in the interview recorded at the Serious Crimes Unit on December 15, 2004 that he sent a package to Jamaica on November 29, 2004 but he did not know what the letter said.

He said someone he knew as Ernest Cann?s son from Somerset ?Bop? ? whom he later knew as Javon Gardner ? wrote the letter.

However, he insisted Gardner used phrases like ?kill him? and ?kill them both? because he listened to too much rap music.

Durrant said Berkley and he shared the same mother.

?I didn?t read the note to the max. He just told me it was people that?s in his case and he just was letting my brother know what was going on with his case,? Durrant said. ?All he told me was that he got caught with a stun gun, that?s all I know.

?He listens to rap music and the way he talks it?s ?kill him, kill him? so his, his the way I see it, he send a message to Jamaica, right and the lyrics there is a similar way, you know ?kill him?,? he said. ?He?s not meaning that he wants anyone killed.?

Under cross-examination by Gardner?s lawyer, Victoria Pearman, she suggested Gardner used the phrase ?kill him? like ?f-him?, but Det. Sgt. Maxwell disagreed.

?It says kill him,? the detective told Ms Pearman. ?It doesn?t say f-him.?

Durrant?s lawyer John Perry QC said none of the alleged victims had their addresses listed.

And the detective also agreed with Mr. Perry QC there was a distinction between saying ?let?s kill him? and ?kill him?.

Durrant said it was the first time he sent his brother money by letter.

Usually he sent money every month via Jamaican Barbara Coombes whom he said was like a mother to him.