Drug mule convicted
$160,000 worth of cocaine and cannabis, after the judge ruled he had "no defence''.
The jury were instructed to convict Jaha Akilly Mallory, otherwise known as Cock Saunders, after he changed his plea following Assistant Justice Charles-Etta Simmons' judgment.
But Mallory's lawyer Mark Pettingill told The Royal Gazette he "reserved his right'' to appeal the ruling.
"This is an important case involving a lot of legal issues and it's certainly one we'll remember,'' he said.
"It's one which, I think, involves a very fine line between him being entitled to a defence and not being entitled to one. I think the Court of Appeal could well rule in his favour.'' Mallory, of Elliott Street, Hamilton, originally denied importing and possessing 1.2 kilograms of cocaine, with an estimated street value of $150,000, with intent to supply.
Meanwhile he admitted importing and possessing 139 grams of cannabis, with an estimated street value of $13,000, with intent to supply.
During the three day trial, the jury heard how he was arrested at Bermuda International Airport after arriving on the British Airways flight from London on January 15.
Courier `had no defence' Narcotics Police had received information from British Customs who suspected his luggage of containing drugs.
Upon inspection in Bermuda, they found several packages of cocaine and cannabis resin hidden in the supports of his two suitcases.
In the witness box, Mallory, a Rastafarian, admitted he was trying to import the marijuana "for use as a sacrament among by brethren and sistren''.
But he said he thought between two and five pounds of it were hidden in the bottoms of three cooking pots he had with him.
And he denied that he knew he was carrying cocaine.
Mallory said he was asked to smuggle the cannabis into Bermuda by a Jamaican drug dealer called Ron Lynn.
He said he thought the cooking pots were "prepared'' prior to his departure from Jamaica by Mr. Lynn, whom he alleged also gave him the suitcases.
Yesterday's announcement followed a full morning of legal submissions by Crown counsel Patrick Doherty and Mr. Pettingill, who debated whether the 48-year-old had a right to defence.
Mr. Doherty said the fact Mallory knew he was importing and possessing controlled drugs made it obsolete that he was mistaken as to exactly which drugs they were and where they were hidden.
But Mr. Pettingill argued that Mallory's defence in this case was his "lack of knowledge'' of the cocaine.
"There is a very fine line that can be drawn down this case and I think that the fact he did not know about the cocaine entitles him to some form of defence.'' Mrs. Justice Simmons said Bermuda's drug laws had been made harsh to ensure that those found with "evil'' drugs "are not able to escape the consequences''.
"Having heard the arguments of both sides, I am obliged to direct the jury to find the defendant guilty,'' she said.
Mallory will be sentenced on August 18.
