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I'm guilty with an explanation, says drugs trial accused

One of the two defendants on trial at the Supreme Court accused of importing cocaine to Bermuda in auto parts called out from the dock that he was “guilty with an explanation”.

The unexpected confession came during yesterday’s morning session in the trial of Jahmiko Hayward and Shannon Dwayne Julian Tucker who have both denied conspiring to import drugs.

Tucker is representing himself in the case and spoke from the dock on the second day of the trial, claiming he was guilty with an explanation.

Puisne Judge Carlisle Greaves told Tucker that he viewed his outburst as a defence rather than an outright change of plea and told the Smith’s Parish man that he would be given the opportunity later in the trial to put forward his explanation to the jury.

Senior Crown counsel Paula Tyndale has outlined the case in court, claiming the two men conspired to import cocaine to the Island hidden in a shipment of auto parts from St. Martin in the Caribbean in 2004.

The trial was temporarily adjourned after Tucker’s outburst from the dock. When the jury returned Mr. Justice Greaves told them: “We heard the defendant make a statement that he wanted to plead guilty with an explanation. The question of whether a plea is a proper plea is a matter of law for the judge to decide.

“I have heard an explanation from the accused man and in my opinion it would not amount to a plea of guilty if allowed. In fact it amounts to a defence in law.

“The accused man has no legal counsel so it is the duty of the judge to assist him wherever he can. His explanation is not a guilty plea, it is a defence. I will explain that and give further direction when the time comes.”

The trial resumed with witness Annie Granger, the country manager for express courier service DHL in St. Martin explaining how items are accepted for delivery and forwarding to other countries.

She identified a delivery manifest relating to two packages that weighted 81 lbs and were valued at $710, which was completed by Tucker in April 2004. He gave his name as the “shipper” of the goods, described on the documents as auto parts.

Tucker also gave his name as the intended recipient for the packages when they arrived in Bermuda, listing his address as Broken Hill Lane, Smith’s.

Ms Granger said it would have been normal procedure for the package to be opened by the client for inspection before it was sealed in St. Martin for delivery.

Co-defendant Hayward, of Green Acres, Devonshire, is represented by Allan Doughty. The case continues.