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Murder sparked probe into Police

The Lagoon Park murder investigation sparked other probes, including one into ?allegations of impropriety by Police officers? and another overseas, a detective told a Supreme Court jury yesterday.

And veteran officer Det. Sgt. Terry Maxwell hotly denied ?torturing? defendant Terranz (Monster) Smith by hitting him with a pair of handcuffs and not taking him to hospital for eight hours while he suffered through withdrawal from drugs.

Cross examination of Det. Sgt. Maxwell will continue this morning before Puisne Justice Norma Wade Miller.

Yesterday he told defendant Robert Blair Tucker?s lawyer Larry Scott that he asked Tucker questions about ?an allegation of impropriety by police officers? in the handling of the Lagoon Park murder investigation.

Tucker, James Alan (Spook) Dill and Smith deny killing American Stanley Lee ? also known as Sean Russells or ?Sha? ? after drugs they had imported were found to be of low quality.

The Crown alleges that Tucker stabbed Mr. Lee in an isolated part of the little used park after luring him there on the afternoon of July 28, 2001.

Smith showed Police the body some 12 days later, in an apparently unsuccessful attempt at gaining immunity.

Within minutes, dozens of cops descended on Lagoon Park, launching a lengthy and detailed investigation which spawned other investigations.

A mainstay of major Bermuda Police Service investigations over the past two decades, Det. Sgt. Maxwell was at the time in charge of the cycle crime unit but was drafted in to seize what was believed to be Mr. Lee?s rental cycle from the park.

The following morning he questioned Smith and Tucker about their roles in the case.

When Mr. Scott presented a statement by Tucker at 11.30 a.m. of August 12, 2001 ? which had not been entered into evidence by prosecutors ? Det. Sgt. Maxwell explained it was ?totally separate matter? from the Lagoon Park body investigation.

But he added: ?It was indirectly part and parcel of this investigation but it was separate.?

Later, he said: ?It was joined but it was not the same matter.?

?So you?re asking about Sean Russells and you went on to ask about what?? Mr. Scott asked.

?It was about an allegation of impropriety by Police officers in this matter,? Det. Sgt. Maxwell replied.

?So, am I correct that there was a mixing of a murder inquiry and another inquiry?? Mr. Scott asked, to which the detective gave an affirmative answer.

But Det. Sgt. Maxwell denied Mr. Scott?s suggestion that Tucker told him ?this has to do with those out there so would you pull the shades? ? meaning he would be in view of Police officers.

?Didn?t my client say to you ?listen, close those shades because I?m concerned about those people out there??? Mr. Scott continued.

Det. Sgt. Maxwell replied ?I don?t remember that being said? but he agreed with Mr. Scott that Tucker ?appeared apprehensive to you because of what he was telling you?.

Asked if Tucker was more afraid because of the revelations, the detective said: ?To be frank, sir, the questions were about murder. I would have thought that drugs would have been the least of his concerns.?

Later, Det. Sgt. Maxwell admitted that Tucker had provided ?information regarding matters outside of Bermuda?.

Det. Sgt. Maxwell flatly denied Mr. Scott?s allegations that he was ?neglectful? of Tucker?s welfare during the week he spent in custody and said that he was present when the suspect was taken to King Edward VII Memorial Hospital for an examination.

And he hotly denied that he physically abused Smith during questioning by Smith?s lawyer, Ed Bailey.

?That?s a complete fabrication!? Det. Sgt. Maxwell said when Mr. Bailey asked if it is true that he threatened Smith.

?I put it to you that you attacked my client, Terranz Smith, with your handcuffs,? Mr. Bailey continued.

?That?s a complete fabrication. That did not happen. That would not happen,? Det. Sgt. Maxwell replied.

He admitted that Smith had complained of unspecified ?withdrawal symptoms? and he was not taken to hospital for eight hours but again denied hurting him.

Det. Sgt. Maxwell said it was ?an outrageous allegation ? a total fabrication? that he ?tortured? Smith while he was in custody, in response to Mr. Bailey.

He added that ?contrary to popular opinion?, Police officers do not abuse suspects, saying ?we all take oaths and there is the Criminal Code and I suppose there is our own conscience? that guide them.

After Mr. Scott completes his cross-examination, Crown counsel Juan Wolffe is expected to continue questioning Det. Sgt. Maxwell today.

Director of Public Prosecutions Kulandra Ratneser is the lead prosecutor and he and Mr. Wolffe are assisted by Crown counsel Cindy Clarke.