Tucker found guilty of murder
Terranz Sidney (Monster) Smith rushed away from the Supreme Court a free man yesterday after a jury found him not guilty of the murder of American drug trafficker Stanley Lee.
But the ten-woman, two-man jury found Robert Blair Tucker guilty of murder and James Alan (Spook) Dill guilty of the alternative charge of manslaughter.
Smith rushed into the arms of his girlfriend and later told The Royal Gazette: “I found God in that time. I'm happy with everybody who supported me. I thank everybody” before leaving the Supreme Court area.
The climax of the marathon trial came four months to the day that the jury was empanelled and 32 months since Smith showed Police Mr. Lee's body in an isolated part of Lagoon Park, Ireland Island South.
Puisne Judge Norma Wade Miller sentenced Tucker to life in prison - a mandatory 25 years before discretionary parole could be granted.
Once the Island's leading chess player with an international ranking from the sport's governing body, Dill will be sentenced at a date to be set after his lawyer, Liz Christopher asked that reports be made on the admitted crack cocaine addict.
Neither Tucker or Dill showed any reaction when the verdicts were handed down.
But Smith summed up his case by shrugging heavily and expelling a loud “whew” when it sunk in that the jury foreman said “not guilty” to murder.
Smith steadfastly denied any knowledge that Mr. Lee was going to be killed and said he found out after the fact.
Mrs. Justice Wade Miller was lavish in her praise of the jury, who first took their seats on November 10.
She said: “Mr. Foreman, ladies and gentleman of the jury, I commend you on the excellent way in which you conducted yourselves. I know you faced challenges in this time and for some of you who are self-employed it was a strain, but I thank you.
“I know it was a great inconvenience...
“There was not a whisper of complaint (from you). And you may be pleased to know that I have the authority to excuse you for life from jury duty.”
With that announcement, the jurors erupted in applause and smiles and were quickly dismissed.
A subdued Director of Public Prosecutions Kulandra Ratneser later thanked the jury, and also praised Police, who came under withering attack by the defence team.
He said: “Of course the Police did a very good investigation, in spite of all the allegations here.”
Mr. Ratneser was assisted by Crown counsels Juan Wolffe and Cindy Clarke.
Smith's lawyer Ed Bailey said: “I think it was a fair decision, I'm a great advocate of the jury system. I think it is a time in which it worked. I'm extremely happy with the decision.
“I just regret that it took two-and-a-half years for this to vindicate my client. He's the individual that facilitated for the Police to resolve the crime but he became a victim of that good act of a conscientious citizen. Basically he can now put his life back in order. He's very happy with the decision.
“I think it was very fair and I think in my 22 years practising this was perhaps the most sophisticated jury and they deserve a lot of credit.”
Ms Christopher said the jury was “probably the most interested, non-complaining jury, in short, the best I've seen”.
Hinting at an appeal, she added: “I believe there would be some issues that may need to be resolved in a higher place, but at the present time we'll let matters take their natural course.”
Tucker's lawyer, Lawrence Scott, said: “It's difficult for me to comment.
My client's defence was that he was not there and the witness, Mrs. Anderson placed him in Hamilton when the murder was supposed to have been committed.”
He said he respected the jury's decision and thanked them for their “patience” and “service to their community”. He also hinted that Tucker would appeal the conviction.
It may ultimately have been the trio's statements upon which the trial turned.
In the nearly two dozen statements by the men, they pointed the finger at each other over an eight-day period of intense Police questioning.
During that time Dill suffered from cocaine withdrawal and Smith from heroin withdrawal. Tucker, it emerged, suffers from sickle cell anaemia and severe headaches.
Dill revealed he was under his former employer's influence until six month's ago when he discovered that Tucker was telling him to lie, while not revealing that he had implicated the longtime crack addict.
Dill told the court he watched, surprised, as the fatal blows were delivered by Tucker when all he wanted to do was to be paid - in drugs - for tagging along.
Smith painted a tale of being so afraid of his peripheral involvement in the drug deal ensnaring him that he moved the cycle and lied repeatedly while under questioning.
The only defendant to have “corroborating” witnesses, Smith's girlfriend's mother testified he was home by 4.15 p.m. on July 28 and stayed home all evening because she was worried about an attempted break-in the night before.
Tucker told the court his statements were fabrications and he believed his American drug suppliers ordered a “hit” on Mr. Lee when he inadvertently revealed his presence in Bermuda to them. He said he knew of two women here to do the deed and denied ever taking part in the murder.
But on the stand, Dill said: “Today I'm telling the truth. I had no knowledge of Tucker's intentions that day. If I did, I would still be at his house, waiting for him. ‘Cause I would have never taken that trip.”
Later he said: “Mr. Tucker had everything to do with this. Unless he's got a twin, it was him (who stabbed Mr. Lee). If it wasn't him, it was a twin.”