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Magistrate, Senator clash over evidence

ERROR RG P4 22.8.1997 A story in Thursday's paper incorrectly stated that O'Shane Darrell, of Cochrane Lane, Sandys, was charged with supplying heroin. Darrell was charged with aiding and abetting another man with supplying heroin.

The trial of Sandys Parish man arrested in Operation Cleansweep exploded into a scene of high drama yesterday as his lawyer and a Magistrate exchanged heated words.

Sen. Larry Scott, representing 20-year-old O'Shane Darrell of Cochrane Lane, Sandys Parish, and Magistrate Edward King repeatedly argued over the relevance of a point Sen. Scott was trying to make while cross-examining prosecution witness Special Agent Doug Treasurer of the US Drug Enforcement Agency.

Mr. Treasurer testified that on April 9 of this year he bought $50 worth of heroin from another man, not before the court, and that the man was handed the drugs by Darrell.

Both the drug transaction and the hand over of the drug to the man from Darrell at Broome Street, Sandys were caught on tape.

Darrell has been charged with supplying heroin.

Mr. Treasurer said he bought the drug, wrapped in a paper twist, then proceeded to take it to a safe house where he met with Det. Con. Calum Welch who placed the controlled drug into a vial, then into a ziplock bag.

When Sen. Scott tried to suggest that during that process the drug was tampered with, Mr. King did not allow it.

"Just a minute,'' he told the lawyer. "Don't let us hit the top.'' Sen. Scott answered back: "I'm under control.'' This caused King to angrily state: "How dare you say you are under control. I am in control of this court room.'' He then added: "Come on man, move on. You don't come here to waste time.'' Sen. Scott then suggested the agent did not have a clear view of Darrell handing the twist to the man because of a third man seen in the video who appeared to distract the agent.

However, Mr. Treasurer denied this.

Sen. Scott asked the agent how many times had he been to the area before and he answered once.

He then asked the agent how many men were in the Broome Street area when he was watching the man and Darrell. But before Mr. Treasurer could answer, Mr.

King cut him off and said it was not relevant because he had already answered that he was only focused on Darrell and the other man.

Sen. Scott then appeared to try to ask the same question in a different manner and Mr. King again cut him off.

This caused a frustrated Mr. Scott to raise his voice and state: "How can you say it isn't relevant when you don't even know what I'm going to ask?'' Mr. King replied: "Mr. Scott proceed. I'm (not) going to warn you again.'' Sen. Scott then slumped in his chair and said: "We might as well stop the trial now.'' Under questioning from Crown counsel Wilhelm Bourne, the agent said Darrell was wearing a dark blue zip-up jacket with Nike written on it.

But later he admitted under cross examination by Sen. Scott that the jacket was black.

"There are some instances when dark blue looks like black,'' Mr. Treasurer added.

Sen. Scott then asked him if he could be mistaken about what he saw since he was mistaken about the colour of the jacket.

"Is it fair to say the hand to hand transaction could have been cannabis or not an illegal substance at all?'' Sen. Scott also asked.

Mr. Treasurer said it was a fair assumption, but he added: "The package I received turned out to be in fact brown heroin.'' Sen. Scott then asked him if he could have been mistaken about what he saw Darrell hand the man and he suggested that Mr. Treasurer did not see what he thought he saw.

This statement prompted Mr. King to take off his glasses and state: "We all saw in the film Darrell gave something to the man. Your job is to ask questions not give evidence ... I don't want to hear...'' But Sen. Scott cut Mr. King off, almost yelling: "Well you are going to hear it.'' Mr. King warned him about his behaviour again. And after more heated words Mr.

King rose from the bench and walked out saying: "I'm not going to take this nonsense from you.'' After a short break, Sen. Scott asked Mr. Treasurer if he had heard of Darrell prior to April 9 and the agent answered no.

He also asked Mr. Treasurer if Darrell was a "target man''. But the agent seemed confused by the term. Sen. Scott interpreted the agent's response as strange since the word target was used by Operation Cleansweep officers.

But Mr. King ordered Scott to move on at which time Sen. Scott threw his hands in the air and shouted "Jesus''.

This led Mr. King to yell: "Don't you use the Lord's name in vain in my court again, otherwise I will cite you.

"If you continue with this behaviour I will cite you for contempt of court and if you persist further, I will have you arrested.'' Sen. Scott then asked for a short break, but Mr. King turned his request down.

After the heated exchange, Det. Con. Welch took the stand and said after the drugs were placed in a ziplock bag and a Police evidence envelope, both he and Mr. Treasurer then signed the envelope which was then sealed and placed in a secure area.