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Jury clears Berkley in heroin case

A man accused of importing more than 150 grams of heroin was found not guilty yesterday at Supreme Court.

A jury of seven-man, five-woman found Michael Troy Berkley not guilty of two counts of importing heroin and cannabis, one count of possession of heroin with the intent to supply and one count of simple possession of cannabis.

During the trial, presided over by Puisne Judge Charles-Etta Simmons, the court heard that Mr. Berkley was searched at the Bermuda International Airport after returning from a visit to Jamaica on May 12, 2004 . His bag contained a number of hair products, which roused the Customs officer?s suspicion. The officer, Edward Lambert, also noted that there was black substance on the lining of three of the Organics hair products. Later it was discovered that 155 grams of heroin and 13 grams of cannabis were hidden in the products and a hair brush.

Mr. Berkley, 43, told the court that a woman named Nadine Brown, whom he met on vacation in Jamaica, planted the drugs in his luggage. When the drugs were discovered he told the court he was ?surprised, shocked and angry?.

Mr. Lambert said that the defendant took ownership of all the items in his bag and said he purchased them in Atlanta while at the Airport.

During a later interview when Customs officers suggested that he purchased the hair products and hair brush in Atlanta Mr. Berkley replied: ?That?s not true. That?s a lie, sir.?

He maintained, during the trial, that he never took ownership for the Organics hair products or brush at the Airport or during interviews.

Yesterday, during closing arguments Crown counsel Graveney Bannister said that the defendant knew or had reason to suspect that the hair products in his bag contained drugs. He added that the jury should not have sympathy for the defendant, who is of no fixed abode.

?We all fall on hard times,? he said. ?Many can be homeless at one time, we know what the housing market is like in Bermuda. But that is not an excuse.?

Defence counsel, Victoria Pearman, countered that the Crown had offered no piece of evidence that proved, beyond a reasonable doubt, that her client had knowingly imported drugs. She added that it was ?a bit rich? for the Crown to argue that Customs officers remembered, word for word, what was said at the Airport when there was no written record of the exchanges.

Particularly, she added, when they did not remember certain parts of an interview even though they were taking contemporaneous notes at the time.

After an hour-and-half the jury came back with a verdict of not guilty on all four counts. Family and friends cheered when the verdicts were delivered.