A lawyer representing a former police officer accused of a smuggling plot said his client had made a series of poor decisions in an effort to target the “big boys”.

However, he said his actions were not criminal, and that he continued attempting to “make good” as the situation spiralled.

Jonathan McAlpine-Talbot, a former police sergeant, and Ezekiel Swan have denied allegations that they conspired to import and supply firearms, ammunition and drugs to Bermuda in 2023.

Cindy Clarke, the Director of Public Prosecutions, told jurors yesterday that even though neither defendant was alleged to have been on the boat that brought the contraband into Bermuda, it did not mean they were not involved.

She said that the evidence suggested a trip to California by Mr Swan was not a holiday, but a mission to purchase the items to be imported.

Meanwhile, she said that Mr McAlpine-Talbot had served as a lookout for the smuggling boat, and phone records showed him providing fellow conspirators with information during and after the importation.

However, Jerome Lynch KC, for Mr McAlpine-Talbot, said his client was foolishly attempting to bring down the “big boys” behind the island’s drug trade and had kept quiet about his actions out of fear and suspicion.

While he said his client’s actions were “stupid”, “irresponsible” and “dangerous”, he argued that they were not criminal, saying that he continued to try to give the police information.

During the trial, the court heard that two firearms, more than $270,000 in drugs and 131 rounds of ammunition were discovered in a December 2, 2023 search of a St George’s garage.

The court heard that three other men, Ryan Resendes, Jonathan Mello and Jose Puga, had admitted various charges in connection with the plot.

Delivering her closing speech, Ms Clarke said the evidence in the case showed that in October 2023, Mr Swan flew to California, where he met with Puga before flying back to the island.

She noted that videos from the time of the trip found on Mr Swan’s phone showed cannabis products and a firearm matching descriptions of those recovered in Bermuda.

Ms Clarke said: “This was not simply about enjoying cannabis in California. It was about getting products to come to Bermuda.”

She also noted another video clip found on Mr Swan’s phone which showed someone holding a firearm in November, after the contraband arrived in Bermuda, and communications between the defendant and Mello.

Ms Clarke said Mr McAlpine-Talbot was also involved in the conspiracy, noting his movements on November 13 and 14, 2023 when the importation took place.

GPS evidence from his police radio showed him travelling to several viewing areas in St George’s late on November 13, and to a public dock in Tucker’s Town at the same time that Mello and Resendes were there in the early hours of November 14.

She said: “We say that Mr McAlpine-Talbot is not simply a police officer who happened to be patrolling some where in St George’s. He was looking out for the arrival of that boat. He was providing an escort to those drugs in a police car.”

Ms Clarke also noted that on the evening of November 13, Mr McAlpine-Talbot had sent Mello a message stating that the “undercover team is off”.

She said screenshots of a conversation between the defendant and Mello from July 2023 suggested that he was aware of a previous, failed importation of drugs which he did not report.

Ms Clarke added that, after the importation, the records showed Mr McAlpine-Talbot had warned Mello that police were looking to arrest him and cautioned Resendes to make sure his “spot” was clean.

She said: “Mr McAlpine-Talbot was not simply gathering information. He was knowingly assisting in the enterprise.”

While Ms Clarke said that the defendant did provide information about one person allegedly involved in the conspiracy, before he had done so he had messaged Mello asking: “What do I do with him? Do I sink him?”

She added: “The reasonable inference is Mr McAlpine-Talbot was seeking Mello’s instructions about what should happen.”

Mr Lynch, however, responded that Mr McAlpine-Talbot was a long-serving police officer attempting to target the “big boys” but who had acted like a “damn fool”.

He said: “He should not have taken the course he did. Frankly, it was a stupid risk that he took and put his source at risk as well. It put them in real danger.”

Mr Lynch said that his client’s connection with a confidential source had allowed him to provide valuable information about a wide range of criminal activity over a period of years.

He said communications with Andrew Jones, an information co-ordinator with the BPS, had indicated his desire to go after more significant offenders.

However, he said comments made by Mr Jones had fuelled his fears and suspicion about the potential leaking of confidential information, leading him to believe he could not trust other officers with the information he was gathering.

Mr Lynch said: “This isn’t something that happened overnight. This is a build-up over years.”

Regarding the failed importation plot in July 2023, Mr Lynch said that the conversation and others had been deliberately screenshot and saved by Mr McAlpine-Talbot to serve as evidence.

Mr Lynch said: “He’s playing a game. A stupid game, but he’s playing a game. It is a part of how he was acquiring information in order to get the big boys.”

He agreed that it was a “big mistake” not to provide the information to other officers — but not a criminal act.

While Mr Lynch said it was not disputed that Mr McAlpine-Talbot had met with Resendes and Mello on a public dock in the early hours of November 14, 2023, he suggested that his client was still trying to gather evidence about the drug plot.

He said: “This is why you don’t act on your own. This is what he was doing was stupid. You have to be part of a team to decide when to bring the guillotine down.”

Mr Lynch argued that over the following months, the communications show the defendant was still trying to to build a case against the conspirators by himself and “make good”.

He added: “This is someone who got it wrong and is desperately trying to make it up.”

Closing speeches in the trial are expected to continue today.

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