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White substance found in brush

A Senior Customs officer was grilled for much of Tuesday and Wednesday over his memory of the sequence of events and facts pertaining to the seizure of over 150 grams of heroin at the Bermuda International Airport.

Michael Troy Berkley denies four drug related offences, including importing 155 grams of heroin with intent to supply and importing 13 grams of cannabis.

The drugs were allegedly found inside several organic hair care products and a brush by Senior Customs Officer Edward Lambert on May 10, 2004.

Mr. Lambert told the court that he questioned Berkley about his travels and said the defendant told him he had been in Jamaica and Atlanta on a ten-day trip.

Mr Lambert told the court he began inspecting Berkley?s bags and became suspicious because there were a large number of hair care products in the bags. He questioned Berkley about it and told the court that Berkley replied: ?I don?t want to go bald.?

Mr. Lambert said he did not believe the answer because the defendant had a full head of hair.

He began to X-ray items and it was at this point that the defendant grew quiet and looked away, Mr. Lambert said.

After drilling one of the brushes, he saw white substance was in it. Berkley was taken to the Hamilton Police Station in the early evening and interviewed.

The defendant was also taken to the location he listed as his residence on his declaration form when he returned to the Island, Mr. Lambert said. Police found a vacant lot though the defendant pointed to garbage bags and said they were his possessions.

Ms Pearman asked Mr. Lambert if her client informed them that he used to live at the house next door, something he denied. Police then obtained information from an anonymous source that the defendant lived elsewhere, he added.

Yesterday, Ms Pearman questioned Mr. Lambert about statements he made that the defendant was not cooperative throughout an interview at the Hamilton Police Station. She suggested that rather than being uncooperative her client was exercising his right to silence by answering no comment to many questions. Mr. Lambert agreed that is what he was describing when he said Berkley was uncooperative.

She also asked if her client made statements such as ?that is a lie? and ?that is not true? when the Customs officer said it was his impression that Berkley purchased the hair care items in Atlanta and owned them. The witness agreed that the defendant did deny purchasing or owning the items by stating that the statements were a lie.

A second officer , Det. Con. Leroy Mathurin, was called to the stand and told the jury about assisting Mr. Lambert. His account was similar to Mr. Lambert?s, though he initially said Berkley did not make statements such as ?that is a lie? and ?that is not true? when Police suggested that he purchased and owned the items that contraband were found in.

After being given a transcript of the interview, which he transcribed on May 11, he conceded that the defendant made those statements.

The trial continues today.