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Drug importer given extra time to prepare an Appeal

Randolph Richardson is appealing his five year sentence for trying to smuggle cannabis with a street value of more than $200,000 into Bermuda.

A convicted drug smuggler with a life-threatening illness has been given extra time to prepare his appeal, because he must argue it himself.

Randolph Richardson was denied legal aid to pay for a lawyer after his appeal was deemed to have no chance of success.

The 43-year-old, who suffers from sickle cell anaemia, was caught trying to smuggle eleven kilos (25 pounds) of cannabis worth $202,000 into Bermuda.

Sickle cell is a blood condition that can cause pain, serious infections and organ damage.

Lawyer Llewellyn Peniston, who represented Richardson during his trial last year, said the illness means Richardson may not live to see 50.

The trial heard the defendant was caught at L. F. Wade International Airport on April 30, 2008. He told the jury he accepted a suitcase from someone he barely knew before coming to Bermuda, and was shocked when he discovered there was cannabis inside.

He was convicted of drug importation and possession with intent to supply, and jailed for five years by Puisne Judge Charles-Etta Simmons who told him he had been naive.

She also commented: "The state of your health is a relevant matter which I take into consideration, but you were found guilty by a jury and you have shown no remorse."

Yesterday at the Court of Appeal, Richardson's new defence lawyer Marc Daniels asked to be taken off the case because Richardson was denied legal aid for his fees.

According to appeal judge Sir Austin Ward's summary of the position, Mr. Daniels was asked his opinion on the appeal by the legal aid office. His reply was that there was no chance of success.

Richardson told the court he would now represent himself since he cannot afford a lawyer, and explained: "My position is I'm not guilty."

Quizzed by Sir Austin over the fact that he brought the suitcase to Bermuda for a virtual stranger, he said: "I was sick. I was taken advantage of, Sir."

Richardson, from Glebe Road, Pembroke, added: "In Bermuda, if you're from a high-crime area, you're guilty until proven innocent."

Sir Austin disagreed, telling Richardson he has experience of the Island's courts and: "In fact, I would say in drugs cases there are probably more acquittals than any other (type of case)."

Richardson went on to complain that he did not choose Mr. Peniston to handle his trial. And he explained he was submitting his appeal against conviction a year too late because the prison originally filed an appeal against sentence, not conviction, due to an error.

He admitted signing the incorrect paperwork, but claimed he had no chance to read it over.

"I was kind of late for Westgate dinner and it was kind of like a race," he claimed. "I'm new to all this court, crime, lawyer-representing business. I'm not a lost cause. I deserve the chance to clear my name."

Richardson asked for more time to read through the transcripts from his trial in order to prepare his appeal.

President of the court Edward Zacca allowed the request although he said it was "stretching the matter very far" and delayed the case until Wednesday June 16.