Sentence on drug smuggler delayed for second time
in the sentencing of a confessed drug smuggler being delayed again.
Guyanese national Brenton McPherson has admitted importing $9,000 worth of cocaine to Bermuda in his body. The Washington DC resident was due to be sentenced on Wednesday by Acting Magistrate the Wor. Charles-Etta Simmons.
But the case was moved to another court for a fresh hearing after a row erupted between lawyers involved. There were allegations of professional impropriety and racism.
The court heard yesterday that McPherson was searched after traces of cannabis were found in his luggage during a Customs check at the Airport on March 27.
He was taken to hospital for further examination and two balloons full of cocaine were discovered in his rectum. McPherson insisted that the mostly freebase-form cocaine, totalling 8.78 grams, was for his and two female friends' personal use.
Crown counsel Mr. Brian Calhoun noted McPherson had several past convictions for possession of drugs and firearms.
Defence lawyer Mr. Archie Warner said there was "no evidence the drug was for anything but McPherson's personal use''. He claimed he was a drug addict and was getting help at a Federal rehabilitation centre.
But Mr. Calhoun objected to the statement, saying it was hearsay and Mr.
Warner would have to call evidence to prove it.
"I do not accept the defendant's position that these drugs were intended for his personal use. If he is going to take that route then he must do so by way of evidence not submission.'' Mr. Warner noted McPherson was not charged with supply.
Continuing, he said McPherson had a family to support. Noting he had been in custody since the offence, Mr. Warner submitted he had already served his time.
He pointed out that Bermuda's rehab facilities were "inadequate'' and the cost of keeping him here any longer would be high.
Senior Magistrate the Wor. Will Francis adjourned the case to July 5, saying he would make a decision then as to whether Mr. Warner should call evidence in support of his arguments.
The case had been moved to Mr. Francis' court after Mr. Calhoun suggested it would be improper for Miss Simmons to rule because she was Mr. Warner's law partner.
Mr. Warner countered by implying Mr. Calhoun's objection was based on racial prejudice rather than concern for professional conduct.
"Whenever one black person is appearing before another there is always some suggestion there is some kind of conspiracy,'' Mr. Warner had said.
Mr. Calhoun charged Mr. Warner was "absolutely incorrect''. Miss Simmons was being required to rule in the case of her firm's client which was "blatantly wrong in a professional sense''.
He cited Rule 100 of the Barristers' Code of Professional Conduct 1981 to back up his claims. But Mr. Warner said his interpretation of the rule was different.
