The top Police officer in the investigation of an alleged drugs conspiracy denied yesterday that the operation was engineered to "get Kirk Roberts".

Det. Insp. Robin Sherwood testified as the final prosecution witness in the trial of Roberts - and co-accused Alphonso Holder of St. Vincent - on charges of conspiracy to import hundreds of pounds of marijuana to Bermuda in December, 2000.

Under questioning from Director of Public Prosecutions Khamisi Tokunbo, he told the court that three key Crown witnesses - father and son fishermen Stephen Cabral Sr. and Jr. and German drug-runner-turned-informant Heinz (Henry) Golembeck - received immunity deals only after giving Police official statements.

"In my experience, the Director of Public Prosecutions' office will only consider an offer of immunity after he has seen statements or records (from the individual)," Insp. Sherwood said.

He also testified that although a preliminary inquiry into the charges against Roberts and Holder was underway in March of last year, key information from the Crown's star witness Golembeck, only became available after Golembeck voluntarily told his story to US Drug Enforcement Agency officers in Bahamas in June, 2001.

Golembeck's testimony that Roberts contracted him to bring marijuana to Bermuda on his sailboat, Never Come Back - along with Bermudian Winston Robinson - and supported the two men as they travelled the Caribbean to buy the drugs, has been central to the Crown's case.

Insp. Sherwood said he went to Bahamas to interview Golembeck after DEA agents contacted Bermuda Police.

"(Golembeck) verbally asked if we could give him immunity of prosecution," Insp. Sherwood said. "I explained I couldn't do that and the only person who could would be the DPP."

Golembeck gave four interviews under caution, Insp. Sherwood said, and later received an immunity deal from the DPP's office.

During cross-examination by defence lawyers Mark Pettingill and Patrick Doherty Insp. Sherwood faced heavy fire.

Throughout the trial, the defence lawyers have suggested that evidence crucial to their clients' interests has not been disclosed to them.

Yesterday, both lawyers questioned how - and when - Police learned that a drug exchange was to be made off shore of Bermuda in December 2000.

Acting for Roberts, Mr. Pettingill suggested a deal was made with Golembeck long before the summer of 2001.

He established that Bermuda Police questioned Golembeck in early 2000 and searched his boat but never arrested him as they did not find any drugs.

"He was never arrested. No my lady, I don't know what he would have been arrested for," Insp. Sherwood replied.

Mr. Pettingill then asked Insp. Sherwood why Police obtained a court order for Western Union records showing money transfers from Kirk Roberts to Golembeck in January 2001, if they had no information about Golembeck's evidence before he came forward five months later.

"It was a surprise to me in June, 2001, that Heinz Golembeck wanted to speak to me," Insp. Sherwood replied. "It was not a surprise the same sailboat called Never Come Back was suspected, on reasonable grounds, to be coming to Bermuda with drugs."

Mr. Pettingill also questioned why the DEA had not wanted to prosecute Golembeck for other drug runs he confessed to when he met with them.

"Does it make sense to you that the DEA would give up a smuggler, responsible for smuggling thousands of pounds of marijuana and cocaine in the Caribbean, when they had him?" Mr. Pettingill asked. "To give that up to Bermuda Police, (in order) to get Kirk Roberts for 200 pounds of grass - does that make sense?"

But Insp. Sherwood said the DEA did not have Golembeck in custody and that he knew nothing of Golembeck's activities in the Caribbean, only of those that related to Bermuda.

"At the end of the day, it was get Kirk Roberts," Mr. Pettingill suggested.

"No, my lady," Insp. Sherwood replied.

Under later questioning by Holder's lawyer, Mr. Doherty, Insp. Sherwood admitted Police lost the original warrant that was taken to Top Hat guest house when his client was arrested.

Mr. Doherty also attempted to learn whether Police used telephone wire taps to obtain intelligence during the investigation.

"I am not 100 percent sure if that was used in this operation my lady," Insp. Sherwood replied.

After additional questioning about wire taps, Supreme Court Justice Norma Wade-Miller suggested a break in proceedings in order that Insp. Sherwood make inquiries with Police Intelligence whether they were used in the case.

But, when the trial resumed Insp. Sherwood said he could not find out that information.

"I made basic inquiries into this matter," he said. "I am not in a position at this point to enlighten us anymore with regards (to wire taps) in this case."