Woman appeals against conviction for drugs importation
launched an appeal against her conviction and sentence.
Charlene Webb, 27, of White Hill, Sandys Parish, was convicted in March and sentenced in May. The Supreme Court found that she had used US Base personnel and Base Post Office boxes to import cannabis and cocaine over an 18-month period.
A US Navy Court convicted servicemen Oswald Farrel and Carl Storey of conspiring with Webb to import drugs into Bermuda, but they served just six months and 15 months respectively after agreeing to testify against her. But yesterday her legal team began their arguments in the Bermuda Court of Appeal to have the conviction and sentence quashed.
They told the Court of Appeal that the original trial judge, Puisne Judge, the Hon. Mr. Justice Ground, had erred in not asking the jury to withdraw before hearing a submission of no case to answer.
Counsel for Webb added that the two US servicemen had made two separate statements, the first saying they did not know the defendant, but saying they did in the second -- after they had been granted immunity from prosecution if they testified against Webb.
Mr Bailey added: "We are saying that they were not creditable witnesses -- when the judge ruled that their evidence was legitimate, obviously the jury felt that they should accept these two mens' testimony.
"The jury must have felt that they must believe these men because the judge did by ruling there was a prima facie case.'' But he was told by members of the Appeal Court that the judge "did not have to believe anything.'' Mr. Bailey added that as part of the undercover operation to trap Webb, a package from the US had been removed from a post office, some of the contents taken out and replaced with newspaper -- from The Royal Gazette.
He said that the newspaper was characteristic to Bermuda and that the parcel could have been further tampered with.
Crown Counsel Mr. Khamisi Tokunbo pointed out that the jury was only present during the no case to answer submission at Webb's trial because the Counsel for the defence had asked for that.
And he added: "The presence of the jury during the submission of no case to answer did not represent serious harm being done or imperil the fairness of their verdict.'' The appeal, before the Hon. Sir James Astwood, President, the Hon. Mr. Justice Harvey Jones and the Hon. Mr. Justice Derek Cons, continues today.