Detectives' handling of drugs case under fire
attack in the Supreme Court yesterday as the re-trial of Reid Simmons Jr.
continued.
Characterising the investigation as sloppy and "a waste of time'', Mr.
Richard Hector, who is defending the 36-year-old Smith's man against charges that he imported nearly $100,000 in marijuana with the intent to supply, focused the bulk of his attack on Detective Constable Brian Howard, a former Bermuda narcotics officer who now works in the English county of Gloucestershire.
Simmons, a former courier for DHL Worldwide Express, is alleged to have picked up a parcel that was addressed to a David Hill of Warwick and reportedly contained almost two kilograms of marijuana during one of his regular pick-ups for DHL at the Airport.
On Wednesday, the father-of-one pleaded not guilty to importing the cannabis in four hollowed-out dictionaries and possessing it with an intent to supply.
Simmons' trial on the same charges last fall ended with a hung jury.
During yesterday's hearing, it emerged through D.c. Howard's testimony that there were two David Hills who were relevant to the case -- one of whom was the Warwick man on the DHL invoice and the other an apparent acquaintance of D.c. Howard's who lived in Smith's and worked as a mechanic at the Airport.
But D.c. Howard, who had worked for Bermuda's Police Services for 12 years, dismissed the significance of the two David Hills, testifying that a DHL invoice which listed a David Hill as the receiver but was found in Simmons' apartment was a "very damning'' piece of evidence.
Simmons' lawyer, however, made considerably more of the two men's alleged "role'' than the Policeman, eventually berating D.c. Howard, who was one of two investigating officers, for his implied laxness in pursuing their "involvement''.
"Did you do any investigating into the David Hill that you knew?'' Mr. Hector asked of him.
"No, m'lady,'' D.c. Howard answered, directing his responses to Puisne Judge Mrs. Justice Wade.
"How about the David Hill who lived at Keith Hall Road in Warwick? Did you make any inquiries into him?'' the lawyer persisted.
"Yes,'' D.c. Howard said. "I believe I dialled his number, but nothing came of it and I don't recall making any subscriber check with the Bermuda Telephone Company. Later, I did visit Keith Hall Road, but again nothing came of it. I did not make any further inquiries.'' Intimating that time would have been "of the essence'' in pursuing an alternate suspect, Mr. Hector subsequently asked the officer if he remembered how soon after Simmons' arrest he had gone to the house in Warwick.
"No,'' D.c. Howard replied. "I don't (remember).'' "Do you remember any of the details of your visit?'' "No, I don't. I do not recall which house it was or how many times I knocked on the door. I know that an inquiry had to be made and that I made it.'' "Do you recall, then, if you entered Keith Hall Road from Middle Road or from Harbour Road?'' "No, I don't.'' "Would you know where Keith Hall Road is today?'' "No, I wouldn't.'' Ultimately, Mr. Hector suggested that the Policeman had made no serious effort to investigate the smuggling beyond his client's arrest.
The trial continues this morning.