The lawyer defending a man accused of travelling to California as part of a drug and firearms importation plot said his association with convicted smugglers was not enough to prove his involvement.

Victoria Greening, representing Ezekiel Swan, told the Supreme Court there was no evidence that her client knowingly agreed to take part in any conspiracy to bring firearms, ammunition and drugs into the island.

Ms Greening said: “Association with someone who has committed an offence is not enough and there’s a crucial distinction between presence and perspective.”

Given all of the evidence in the case, she argued that the jury could not be satisfied enough to be sure that her client was aware of the plot, much less that he had brought the money to pay for the contraband.

Mr Swan and Jonathan McAlpine-Talbot have denied allegations that they conspired with others to import and supply firearms and ammunition between an unknown date and November 14, 2023.

Both men have also denied allegations of conspiring to import and supply controlled drugs between an unknown date and December 2, 2023.

Mr McAlpine-Talbot, a former police sergeant, also denied a charge of attempting to pervert the course of justice by improperly sharing information into the investigation of the murder of Wilfred Outerbridge Jr.

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

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.

Prosecutors alleged that as part of the plot, Mr Swan flew from Bermuda to California with another person in October 2023 to pay Puga for the contraband, which was smuggled to Bermuda by boat in November 2023.

Cindy Clarke, the Director of Public Prosecutions, said in her closing remarks on Thursday that videos found on Mr Swan’s phone from the time of his three-day stay in California showed an array of cannabis products and a firearm with a laser sight.

She added that witnesses had said the firearm and packages of cannabis product seen in the video matched the description of items seized by police.

However, Ms Greening said that Mr Swan’s trip to California and meeting with Puga did not prove he had any knowledge that the items were to be brought to Bermuda.

She suggested that Mr Swan was a naive young man who was lured to California with the promise of legal cannabis and a “good time”.

Ms Greening added: “The videos of Mr Swan, if it even was Mr Swan, looking at the cannabis wrappers doesn’t mean anything more than that.”

She said there was no evidence whatsoever that Mr Swan received compensation for any participation in the plot or that he was involved in any transfer of the drugs, reiterating that even if her client was present it did not mean he was involved.

Ms Greening said: “They didn’t bring anything back with them. We know that came in a boat in a November.”

She added that there was no fingerprint evidence or DNA discovered linking her client to any of the items seized in connection with the case.

While she accepted that there was evidence of conversations between Mr Swan and Mello in December 2023, she urged jurors to carefully consider the content and context of those discussions before leaping to any conclusions.

She said: “Even if Mr Swan was aware that Mello being involved in this importation and the exchange was referring to to it, it’s still no evidence of Mr Swan being involved in the conspiracy.”

The trial, before Puisne Judge Juan Wolffe, is expected to conclude next week.

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