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Woman broke down when cops confronted her with drugs

A Canadian accused of importing cocaine into Bermuda broke down and wept uncontrollably when the drug was found inside a set of golf clubs, a Supreme Court jury heard yesterday.

Anna Formanchuck, 23, of Toronto denies importation of cocaine worth nearly $100,000 and possession of the drug with intent to supply on July 5 last year.

The golf clubs were seized at Bermuda International Airport on July 5, but authorities allowed Formanchuck to go free for three more days. Special Customs officer Heather Brown testified yesterday that she returned the clubs to Formanchuck at the airport around noon on July 8 and escorted her through US Immigration and Customs to allow her to catch a Delta flight to the United States.

She said that when she asked Formanchuck if these were the same clubs she had detained her with on July 5, Formanchuck denied this.

Special Officer Brown said she next saw Formanchuck at 2.40 p.m. that afternoon when she was escorted off the Delta flight at the airport by US officials.

She said Formanchuck was invited by Bermuda Police and Customs officers go to Police headquarters at Prospect to re-examine the golf clubs.

Formanchuck said she would like to call her lawyer as she did not know what was going on, said the officer.

Det. Sgt. Hayden Small later testified that Formanchuck was not allowed to see a lawyer until around 24 hours later, although he denied this was because a solicitor would have "inconvenienced" the investigation.

In the Narcotics office at Prospect, Det. Sgt. Small cut open one of the golf clubs and white powder spilled out, officer Brown told Crown counsel Graveney Bannister.

Formanchuck was arrested and "began to cry uncontrollably," said officer Brown.

According to Police notes of the interview, which were signed by the defendant, Formanchuck said: "They called me in Canada to do a show and bring some girls. Delvin said get the bag and give it to the lawyer. Delvin said it is weed not coke."

Det. Sgt. Small later confirmed that Police had come across the name of local nightclub owner Delvin Bean in connection with the investigation. Det. Sgt. Small said he spoke to Mr. Bean. Formanchuck then said a man called Alphonso or Bumpy bought her airline ticket and gave her the golf bag in Atlanta to take to Bermuda.

Delvin had given her $500 when she arrived in Bermuda and "was telling me what to answer to the questions you guys (Police and Customs) would ask," according to the Police notes taken. "In Toronto, (a man called) Bumpy asked me if I would carry anything and I said `you mean drugs?' and he said `yes'. I said `no way' and he said `well you know we put it in stuff'."

According to the notes which Formanchuck signed, the defendant later said: "Delvin said deny everything, they can't open up the golf clubs as long as I'm not admitting they are the same clubs that I brought in with me."

When five of the 11 clubs were opened up, three contained white powder and two were empty. The trial heard last week that the drugs were worth up to $93,000 in Bermuda.

The trial heard Formanchuck was denied access to her lawyer Llewellyn Peniston for around 24 hours, despite asking for him and Mr. Peniston calling the Police station about her.

Det. Sgt. Small said he knew Mr. Peniston was the defendant's lawyer and that he had asked to see her on the day of her arrest, but the officer admitted he did nothing to put them in touch.

When Formanchuck's lawyer Elizabeth Christopher asked Det. Sgt. Small why he didn't try to put the defendant in touch with her lawyer, he said: "There was no reason."

Ms Christopher said: "I put it to you that the reason you did not do that was that it would be inconvenient to your investigation if you let Ms Formanchuck speak to a lawyer."

The officer replied: "That is not correct."

Ms Christopher said: "I suggest that knowing that Miss Formanchuck had a lawyer, on July 7 and July 8, that you wanted her in a most vulnerable position."

He replied: "That is not correct."

Customs officer Brown told the defendant she could see her lawyer when she reached Hamilton Police station on July 8, but Det. Sgt. Small said Formanchuck did not get to speak to her solicitor until the following day after she had signed the Police notes of her interview.

The trial before Assistant Justice Archibald Warner continues today.