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Retrial ordered in drugs case

investigation revealed yesterday that two male jurors had drug convictions.The couple, of Boundary Lane, St.

investigation revealed yesterday that two male jurors had drug convictions.

The couple, of Boundary Lane, St. George's were charged with importing $12 million dollars worth of cannabis (500 pounds) into Bermuda on March 22 in 15 boxes of fruit juice and syrup.

They were also charged with possessing the drugs with intent to supply.

But Puisne Judge the Hon. Mr. Justice Ground discharged the jury and ordered a new trial because it was illegal for any juror to be swron in if convicted within the last seven years of any offence that would merit a 12 month prison sentence .

"It is a criminal offence to be sworn in knowing you have a (drug) conviction but I will leave it up to the authorities who may prosecute if they see fit.'' The trial was in its fourth day yesterday. Defence lawyer Ms Victoria Pearman tried unsuccessfully to have the Crown pay her clients' costs.

Ms Pearman argued that her clients were not using legal aid and had suffered "substantial financial losses''.

However Crown counsel Mr. Khamisi Tokunbo argued that the defence's application was unprecedented.

Moreover, he said that the defence had not established that the Supreme Court had the proper jurisdiction to award costs.

"We (the Crown) are equally put at a disadvantage,'' he said. "We are not sure who the application is against or what its terms are.

"We oppose the application since this court does not have jurisdiction and there is no precedent that I can think of.'' Mr. Justice Ground rejected the defence's application and set the matter down to the next arraignment session on September 1.