Drug accused `have dirt on their hands'
As the trial of accused conspirators Kirk Thomas Roberts and Alphonso Cyril Holder got underway yesterday the jury heard of a late night voyage to sea for the purposes of a drug pick-up.
Boat owner Stephen Cabral Sr. was to be paid $50,000 to take Holder off Bermuda to meet a passing sailboat and make the exchange, the court heard.
Roberts, 40, and Holder, 37, are jointly charged with conspiracy, with others not before the court, to import marijuana into Bermuda.
In opening the prosecution case before Supreme Court Justice Norma Wade Miller yesterday, Director of Public Prosecutions Khamisi Tokunbo said that over the course of the trial the jury would hear evidence of a "major conspiracy".
Mr. Tokunbo characterised Roberts - a well-known powerboat racer from Sandys - as the "director" of the crime while saying his co-accused Holder - a St. Vincent national - was the "protector".
"This case is about the Police busting a major conspiracy, masterminded and directed by the first defendant, Kirk Roberts, to unlawfully import into Bermuda a controlled drug - namely 200 pounds of cannabis - on the high seas, through international waters using boats from outside Bermuda," he said.
Mr. Tokunbo said the jury of ten women and two men would hear from three key witnesses over the course of the trial.
"These three, they have dirty hands," he said. "The three people were part of the conspiracy.
"Two of them are local. One of whom was recruited by Roberts and the other was recruited by the person he recruited. The third is a foreigner."
While these witnesses have been given immunity from prosecution in turn for testifying against Roberts and Holder, Mr. Tokunbo said this was not sufficient reason for the jury to distrust their evidence.
"Even a dishonest person can tell the truth at some point in time," he said.
Offering an outline of the alleged crime, Mr. Tokunbo said the two local witnesses - father and son Stephen Cabral Sr. and Jr. - will tell the jury of being offered $50,000 to take Roberts to sea for a rendezvous in the darkness with a passing sailboat.
The first attempt to meet the sailboat at Argus Banks - on December 17, 2000 - failed, however, due to stormy weather, the DPP said.
But on the second attempt, the following day at Challenger Banks, Cabral Sr.'s boat Sea Scorpion III met with the passing sailboat and the exchange was made.
Afterwards, Mr. Tokunbo said the Cabrals noticed they had also picked up an additional passenger, a black man - Holder.
Once the Sea Scorpion approached Bermuda after the exchange, Roberts and Holder climbed into a rubber dinghy with the duffel bag which had been retrieved during the sailboat exchange and headed toward Dockyard, Mr. Tokunbo said.
Police intercepted the Cabrals shortly after and found nightvision goggles on the boat. Both men were arrested and charged.
On December 19, Mr. Tokunbo said Police arrested Roberts. He was bailed but later re-arrested at which point he told Police he didn't have any drugs.
Roberts asked Police where the drugs were.
"I've been doing this 20 years," he said to officers. "You young jokers don't know what you're doing."
Mr. Tokunbo told the jury they would also hear evidence from a third accomplice - Henry Goldenback.
He said Goldenback and Roberts made an agreement where Goldenback would pick up drugs in the Caribbean.
"Roberts gave him cash to pay for it and told him who to contact and when, and he maintained him on the seas by sending him money - maintaining him and his crew," he said.
On the sailboat was another Bermudian named Robinson, Mr. Tokunbo added, who was also being supported by Roberts.
As one of the first witnesses called yesterday, Mr. Cabral Sr. testified Roberts had asked him for a "favour" and offered him $50,000 - to be paid within a week - to help him bring groceries and supplies including fuel to a passing boat.
He said he agreed and asked his son Stephen Jr. to assist him, offering to pay his son $10,000 "as I owed him $10,000 for work he'd done on my boat".
Mr. Cabral said he wanted his son along because he was a trained diesel mechanic and Sea Scorpion had been having engine problems.
During the first, ultimately unsuccessful, attempt to find the sailboat, Mr. Cabral said there were two other Bermudians on board as well as Roberts. They were not present the second night.
The seas were so rough that everything on the boat was turned "upside down" and the two other Bermudians were hurt over the course of the first attempt, Mr. Cabral said.
Roberts told him to turn off all his lights and his radio equipment, he added, both that night and the second night when the Cabrals and Roberts were successful in meeting with the sailboat.
After the exchange between the boats, Mr. Cabral said he turned back toward Bermuda before he noticed an additional person on board.
"He scared the living daylight out of me because he wasn't on the boat before," Mr. Cabral said. "I asked him where he came from and he answered `St. Vincent'.
"Kirk looked at me and said `don't worry about it, I'm going to take care of him for a couple of weeks'."
Mr. Cabral said both men left Sea Scorpion in a rubber dinghy once the boat was close to Bermuda and took the duffel bag which had been retrieved from the sailboat.
He said he pointed the men toward Dockyard and said `check ya later'.
The trial is to continue today. Roberts is represented by lawyers Mark Pettingill and Larry Mussenden while Patrick Doherty is representing Holder.
Prosecutor Shade Subair is assisting Mr. Tokunbo.
