Man says he was accused because he is short
A man charged with masterminding a plot to import drugs told a jury he's innocent, and is only being picked on because he's short.
Derek Burchall, who stands around five feet four inches, allegedly paid Ivan Albouy to smuggle the cocaine, cannabis and ecstasy in from Jamaica.
Mr. Albouy nicknamed "Superman" by Burchall told Supreme Court last week that he did this for Burchall around seven times over the course of 2006 and 2007.
He was caught by Customs officers at Newark Airport on his last smuggling job in July, 2007, as he travelled home to Bermuda via the US.
A total of $348,450 worth of drugs was found in his suitcases, and Mr. Albouy then helped Police to set up a sting to catch Burchall nicknamed "Ponni".
Officers seized the drugs and undercover detectives later hid at Mr. Albouy's Pembroke apartment when a man, alleged to be Burchall, came to pick up the cases.
The court has heard the detectives were not in a position to see or hear the man who came to the door, and Burchall denies it was him.
The Police also taped telephone calls made by Mr. Albouy, 40, to Burchall, which Mr. Albouy and prosecutors say involved him arranging for Burchall to pick up the drugs.
Mr. Albouy was later arrested and charged. He pleaded guilty to conspiring to import drugs, was sentenced to five years in jail, and is now out on parole.
When he took the stand yesterday to give evidence in his own defence, Burchall, 43, told the jury he was a customer at Mr. Albouy's barber shop in Court Street.
He admitted occasionally buying cannabis from Mr. Albouy for his personal use, but denied conspiring to import any drugs.
He claimed the tape-recorded telephone conversations are simply about Mr. Albouy offering to sell him cannabis.
When defence lawyer Rick Woolridge asked Burchall why Mr. Albouy "called his name" as the mastermind of the plot, Burchall replied: "Perhaps I'm probably the smallest guy in the shop. That's the only reason I can think why."
He was also quizzed by Mr. Woolridge over why he nicknamed Mr. Albouy "Superman", and listed his phone number under that nickname in his cell phone.
Burchall explained: "At that time he used to wear a lot of tight clothes and it always reminded me of Clark Kent, which is Superman."
However, prosecutor Nicole Smith suggested there was a different reason why Burchall called Mr. Albouy Superman because he was so good at smuggling drugs without being caught.
"You know about Superman. He's faster than a speeding bullet. He can leap tall buildings in a single bound. Superman is a character who traditionally does the impossible, do you agree?" she asked.
"Yes," replied Burchall.
"Just like Ivan Albouy making numerous drug runs for you in 2006 and 2007, and just walking through Customs with the drugs but for one last day, July 25 2007?" she continued.
Burchall disagreed with her suggestion. He went on to disagree with her further suggestions that he directed the drug importation plot and paid Mr. Albouy as his mule.
In her closing speech to the jury, Ms Smith poured scorn on Burchall's claim that Mr. Albouy pointed the finger at him because he's short.
"Huh, members of the jury? This from a man who's on trial for some very serious charges, and is that the best you can come up with? 'Probably because he's the smallest man in the shop'? This court is not a playground and that sounds like something a six-year-old would come up with," she suggested.
Defence lawyer Mr. Woolridge used his closing speech to urge the jury to clear Burchall's name. He suggested Mr. Albouy only called his name in the hope of getting a lighter punishment himself.
And, said Mr. Woolridge, there was no evidence to show Burchall was involved in any conspiracy with Mr. Albouy as the charges against him allege.
"Just like the tooth fairy and the Boogeyman it doesn't exist," he said. "They got their man, their man did his time."
Puisne Judge Carlisle Greaves is due to sum up the case today, and send the jury out to deliberate on a verdict.
• Due to a typographical error, a line in yesterday's story stated: "Later in his cross examination, Mr. Woolridge suggested Mr. Burchall helped the Police in the hope of getting a lighter sentence himself." In fact, as the rest of the story made clear, the trial has heard Mr. Albouy was the one who helped the Police. That was what Mr. Woolridge was referring to.