Drugs trial hangs on a question of intent
The trial of a man who was nabbed allegedly importing more than $300,000 worth of heroin into Bermuda during a flight from London, finally got underway yesterday in Supreme Court.
On Monday the jury was dismissed by Assistant Justice Charles-Etta Simmons because it was discovered that one of the jurors had ties to some of the witnesses.
And yesterday morning a fresh nine-woman, three -an jury heard opening statements from prosecutor Anthony Blackman about Floyd McCoy Hayward's "intent to bring the drugs into Bermuda".
Hayward, 47, from Friswell's Hill, Pembroke, has pleaded not guilty to importing the drug on April 9,1999, even after the package of drugs was pulled from his pants after he had passed out on the British Airways flight.
This is the third trial for Hayward in this matter.
He was found guilty the first time, but had the verdict overturned by appeal. In the second trial the jury could not reach a verdict.
Mr. Blackman argued that "Hayward's intention" of bringing the drugs into the Island was what the jury needed to focus on.
"Intention is an ingredient in this charge," Mr. Blackman said. "This accused man had the intention of importing or bringing these drugs into Bermuda. You will hear evidence about the circumstances in this case and his movements in London. There were drugs received, he was travelling alone and his flight was direct to Bermuda. Based on the circumstances, based on the intentions we are asking you to reasonably and correctly conclude that this accused man did import drugs into Bermuda on April 9, 1999."
British Airways flight attendant, Lousie Clark took the stand yesterday and recalled serving Hayward on several occasions during the flight.
Ms Clark testified that some time into the flight, Hayward mysteriously passed out and an attempt was made to revive him.
"I presumed he was asleep," she said. "But when the seatbelt sign came on, I noticed that Mr. Hayward did not have his seatbelt fastened. I tried to wake him and then I shook him vigorously."
She said she was assisted by a doctor on the flight, a paramedic and a nurse as well as flight attendant Ian Morgan.
Mr. Morgan testified yesterday that he watched the doctor for some time administer to Hayward, using a breathing apparatus to help him breath.
"The doctor was constantly assessing his breathing and circulation," Mr. Morgan said.
Mr. Blackman asked: "During that time did you see anything being removed from body of Mr. Hayward?"
"Yes," Mr. Morgan said. "It was down his trousers, next to his genitals. The package was tucked inside his underpants. It was handed to me by the doctor. I saw a clear plastic bag with a fine light brown powder inside. It looked like it was drugs."
The case continues today, before Mrs. Justice Simmons. Hayward is represented by lawyer Elizabeth Christopher.
