Magistrate deliberating verdict in cocaine possession case
A defence lawyer has claimed a man found with $3,500 worth of crack cocaine had possession for personal use only.
Charles Richardson said the amount found in Raymond Troy (Yankee) Rawlins' pocket could have been smoked within a week if someone was a "closet smoker".
Mr. Richardson, defending Rawlins, delivered his summary evidence at Magistrates' Court yesterday. Rawlins, 46, of Pembroke, denies possession of cocaine with intent to supply.
The court heard the defendant was found with 11.76 grams of cocaine freebase when Police stopped a car for speeding on March 12, 2008.
The Honda CR-V, in which he was a passenger, was stopped for undisclosed traffic offences at Barnes Corner in Southampton. It then continued west along Middle Road, where it was stopped near Granaway Heights for allegedly speeding.
Sergeant Alexander Rollin of the Central Community Action Team searched Rawlins' pocket after noticing that the car passenger had "appeared nervous".
He found three large white block-like substances wrapped in clear plastic and two brown paper twists containing a hard substance.
On analysis the substance was found to be cocaine freebase.
Police also searched the car and Rawlins' home but no further substances were found. The contents of his wallet $255 cash were confiscated as evidence.
Detective Sergeant Hayden Small of the Serious and Organised Crime Division told an earlier court hearing that the crack cocaine had a street value of $3,675.
He said the amount was "not for one person's use" but was for "sale or distribution".
Mr. Richardson told Magistrates' Court yesterday that the $255 found on Rawlins was in $10 and $5 denominations not the $20 and $50 bills normally associated with crack payments.
"The cash seized from Mr. Rawlins would not seem to be indicative of someone selling drugs," said Mr. Richardson.
He added that "nothing of the trappings or trimmings of drug supply", such as equipment or packaging, were subsequently found at Rawlins' home.
"Other than the quantity in his pocket, there is nothing in the evidence of the Crown that he intended to supply what was in his pocket," said the lawyer.
He added: "(Det.) Sgt. Small accepted that for a closet smoker that amount (11.76 grams) could be smoked within a week."
However Crown Counsel Cindy Clarke said: "There is no suggestion that this defendant is a serious smoker, and so it's my submission that his Worship is left with the comments of (Det.) Sgt. Small that this amount of crack cocaine is not for personal use.
"I would invite his Honour to look at the evidence. His Worship can't be blind to the fact that dealing provision (in Bermuda law) is one gram of cocaine, and we are talking ten times that amount."
Magistrate Juan Wolfe adjourned his ruling in the case until November 13.
