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Roberts' lawyer may take case to Privy Council

The Court of Appeal yesterday dismissed arguments that convicted drug importation conspirators Kirk Roberts and Alphonso Holder were unfairly tried.

"We have come to the conclusion that no miscarriage of justice has occurred and we dismiss both of these appeals," said Appeals Court president Sir James Astwood.

Roberts' lawyer, Ed Bailey, said afterwards that he would be looking into the possibility of taking his arguments to the Privy Council.

Roberts, 40, of West Side Road, Sandys, was given a ten-year prison sentence after being convicted last year of conspiring with Holder, from St. Vincent, and others not before the court, to import over 200 pounds of marijuana into Bermuda.

Holder was handed a four-year sentence for his part in the crime. Grounds of appeal included what their lawyers claimed were procedural irregularities which amounted to depriving Holder and Roberts of a fair trial.

They also complained that the trial judge had not properly directed the jury when it came to circumstantial evidence.

But the court ruled: "In our view the directions given by the judge were flawless. She made it clear to the jury that before they could convict Roberts or Holder, they had to be sure of their guilt."

Roberts was represented by Jamaican Queen's Counsel Frank Phipps and Ed Bailey, while Holder's lawyer was Peter Farge. Lloyd Raynor and Shade Subair represented the Crown.

The appeals were heard together and lasted four days.