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Jury to consider verdict today

to consider its verdict in their drug possession trial.Damon Kujal Simons, 23, of First Avenue, and Jamel Tito Smith, 22, of West Park Lane, both deny possessing drugs in a friend's apartment at Number 11, King's Gate Lane, Pembroke,

to consider its verdict in their drug possession trial.

Damon Kujal Simons, 23, of First Avenue, and Jamel Tito Smith, 22, of West Park Lane, both deny possessing drugs in a friend's apartment at Number 11, King's Gate Lane, Pembroke, on February 12, 1999.

Simons and Smith are jointly charged with possessing 19.98 grams of heroin with intent to supply, obstructing Police and possessing drug equipment.

The heroin is allegedly worth $137,875 if divided up and sold on the streets.

Simons also denies possession of 21.1 grams of cocaine with intent to supply, which he allegedly dropped as he fled the property during a Police raid. He was arrested later that afternoon.

Crown counsel Larry Mussenden said Simons and Smith were "caught in the act'' of a "bagging operation'' behind a double locked door in a tiny studio apartment that day.

He added that Police found a "trail of drugs'' from a kitchen table to a recently flushed toilet where packets of heroin were floating.

Smith's lawyer Elizabeth Christopher told the jury in her summation yesterday that her client "was at the wrong place at the wrong time'' when he went to the apartment for lunch.

"Thankfully we have the photos to prove it,'' she continued, noting that Police found a still wet bottle of juice and two sandwiches and the apartment's owner testified she broke her lunch date with Smith and did not tell him.

She said her client would not have reacted to the 20 to 25 second delay between the original knock on the door and the shouts that Police were outside because he had nothing to do with the drugs.

Ms Christopher halted her speech to dramatise just how long 25 seconds was to the jury, hoping to show Smith had to have been in a state of "confusion, fear, and downright paralysis''.

She added that Smith was in a "no win situation'' because if he had opened the door Police would have said that was also a sign of being in control of the drugs.