Lawyer: Crown's drugs case based on hearsay
A lawyer claimed yesterday his client would have to be foolish to bring a crudely wrapped package of cannabis into Bermuda on a flight from Jamaica.
And Richard Hector told a Supreme Court jury suggestions that phone numbers in David Anthony Ray's possession were to a known drug den and a dealer were "hearsay, upon hearsay, upon hearsay''.
The eight-woman, four-man jury will begin deliberation later today after Puisne Judge Norma Wade Miller gives them legal direction after a two day trial.
Ray denies importing and possessing 1,838 grams of cannabis on August 11, 1997 after arriving in Bermuda on Miami Air flight 605 chartered by Brown Charters.
The Pitts Bay Road, Pembroke man also denies importing and possessing 232 grams of cannabis resin on that date inside a cardboard box with a false bottom.
"It is dangerous in law,'' Mr. Hector said. "The Police have huge resources.
Why is it they have not brought people here to prove these things. It is being brought in through the back door!'' He was speaking at the end of a day in which his client spent the whole morning session on the stand giving evidence in his own defence.
Ray -- a truck driver for Island Construction -- said he refused to answer a Police detective's questions because the officer became aggressive and repeated the questions several times.
He added: "He was acting like I had done something. That's when I started to say no comment. They locked me up for twelve hours then came and asked me questions.'' And Ray claimed he misunderstood questions put to him by Det. Con. Troy Glasgow.
When asked why he told Police he did not know the man who brought him the box, Ray said: "I misunderstood. I didn't know him. He had driven us around, but I didn't know him.'' Ray also claimed detectives asked him numerous questions and made suggestions to him but did not write them down.
In her summation, Crown counsel Sandra Bacchus said the case came down to whether Ray knew the drugs were in the box.
"I can say to you his evidence is riddled with inconsistencies,'' she said.
"When he was being asked hard, specific, and pointed questions by Police, he stops answering.'' But Mr. Hector warned the jury not to hold travelling to Jamaica against Ray, saying: "He's a liberal.
"A Bermudian of his pigmentation is a liberal to go to Jamaica four years in a row. You must not hold that against him.'' And speaking about the phone numbers, he added: "You do not tar people because they go to a certain place. If I go to the Spinning Wheel or Odyssey Night Club, there is no guilt by association.'' "These allegations are a red herring,'' he said.
Mr. Hector also claimed the person who put the drugs in the box did a sloppy job and did not care whether it was discovered.
"Suppose somebody came up to your door wanting to look in your luggage after you had just arrived in Bermuda,'' Mr. Hector said, "What would you do...call the Police? What do you think they will do?''