Lawyers for drugs accused question `immunity deals'
Lawyers representing a man accused of drug smuggling launched an application to force the Crown to disclose details about key witnesses who have been given immunity from prosecution.
Saul Froomkin Q.C. made a constitutional application on behalf of Sandys Parish resident and champion power boater Kirk Orlando Roberts, 40, who is charged, along with St. Vincent and Grenadines national Alphonso Cyril Holder, 37 of conspiracy to import drugs.
It is alleged the pair conspired with others not before the court to import cannabis, estimated to be worth more than $100,000 into the Island on or between an unknown date and December 19, 2000.
They also face charges of possession, possession with intent to supply and possession of drug equipment.
Mr. Froomkin argued before Acting Chief Justice Norma Wade-Miller yesterday that in order for the trial to be fair the Crown should give full disclosure of evidence and that the preliminary inquiry had mentioned an immunity deal with German national Heinz Golumbeck.
Mr. Froomkin, who was in court on behalf of Robert's lawyer Mark Pettingill, wanted to know more about Mr. Golumbeck.
He pressed for information and documents about Mr. Golumbeck's employment by law enforcement agencies, how he came to be providing statements against Roberts, his arrest and his co-operation with law enforcement agencies.
Mr. Froomkin said Crown Counsel Dorien Taylor, who is now deceased, had provided a copy of the immunity agreement but had said he was "unable to shed any further light on the matter".
Mr. Froomkin wanted to know how Mr. Golumbeck had ended up being interviewed by the Drug Enforcement Agency at the US embassy in the Bahamas and how the Bermudian police force had become involved.
He said Mr. Golumbeck had then been interviewed by Bermudian Policemen Robin Sherwood and John Clutterbuck at the Holiday Inn.
The credibility of the witness was vital, said Mr. Froomkin.
Mr. Froomkin also demanded more information about fishermen Stephen Cabral Jnr. and Snr., who he said had done an immunity deal.
It was important to know why he was not being told the information, said Mr. Froomkin.
"It is because it's in the interests of national security, to protect an informant, or they have not bothered to find out, or it's none of your business?"
Director of Public Prosecutions Khamisi Tokunbo said the Crown had provided all the information it had by releasing the caution statement and witness statement from Mr. Golumbeck, and by telling the defence that he had no previous convictions, which they had also inquired about.
Ms Wade-Miller suggested the Crown should have replied to the defences queries in an affidavit.
The hearing was adjourned for the Crown to respond with Mr. Tokunbo promising an affidavit would be filed by the end of the week. The trial is set to go ahead on June 11.