Police testimony questioned in drugs trial
A drugs trial took a dramatic twist yesterday when subpoenaed evidence showed Police had taken fingerprints from the suspect -- even though officers had earlier testified they had not done so.
And officers admitted that there was no fingerprint evidence on the drugs packets found in Takiya Rabain's home to indicate she had handled them.
Rabain denies possession with intent to supply after a Police raid in January last year led to the discovery of more than $280,000 worth of heroin at the home she shared with her mother at Somersall Road, Smiths.
Rabain, a 23-year-old dental receptionist, took the witness stand where she said her father had admitted the packages of heroin found in her room were his.
Asked about how she felt when her father had admitted this she said: "I felt like killing him, honestly.'' Victor Rabain was sentenced to ten years in prison last August after pleading guilty to possession with intent to supply.
Her mother Marva Rabain, who worked for customs and who was a Police reservist, was cleared of possession with intent to supply in the same month.
Yesterday the couple's daughter told the court she had been taken to the Police station after the packets were unearthed where Police took fingerprints.
She said she had told Police: "You can take them, they will prove me innocent.'' Earlier yesterday Detective Brendan Smith was brought back before the court where he admitted forgetting to mention taking the fingerprints when asked about it on more than one occasion by defence lawyer Mark Pettingill last week.
Det. Smith said: "I processed her which is part of taking the fingerprints.'' He said identifying marks on the packages were not from the accused "as far as he was aware''.
And Investigating Officer Detective Sergeant Hayden Small was also recalled to the witness stand and admitted that, in his first testimony, he claimed no fingerprints had been taken.
He then admitted that they are taken as a matter of procedure in most drug investigations.
Quizzed about earlier statements that no officer involved in the investigation had taken fingerprints he went on to claim that Det. Smith was "not involved in the investigation'' -- despite visiting the crime scene and taking the prints and photographic evidence.
Mr. Pettingill said: "Would not all these things suggest that he was involved in the investigation?'' Det Sgt. Small replied: "No, it doesn't.'' He denied playing games and stuck to the position that those taking fingerprints were not involved in the actual investigation.
Mr. Pettingill said: "I am going to suggest to you, that's laughable nonsense.'' Det. Sgt. Small denied this and also disagreed that he had been privy to the fact the prints were taken despite being the investigating officer in the case.
But later he admitted calling the Scenes of Crime Office to inquire about the fingerprint results. He denied misleading the jury.
Mr. Pettingill asked: "Why did you not say you had called to see if the fingerprints had been analysed? Were you answering the question honestly?'' Det Sgt. Small said: "Yes.'' Rabain said her father had lived at Club Road, Smiths, after splitting from her mother 18 years previously.
She said she had returned from a trip two day's prior to the bust on January 25, 2000.
On the day of the raid she said her father had paid her a visit and was in her room for half an hour while she was in the bathroom readying herself for her work.
When Police raided later that night they found four bags of powder in Rabain's room -- two of which were in pockets of coats hanging in her closet.
She told the court she had cried hysterically during the raid because she was confused about what was happening.
And she admitted to Prosecutor Vinnette Graham Allen that she had been handcuffed after refusing to obey Police instructions.
Takiya Rabain
