Drug accused `acted out of ignorance'
A Dutch national charged with importing almost $200,000 of cocaine to Bermuda took the stand in his defence in Supreme Court on Friday.
The jury previously heard from Crown counsel Charmaine Smith, who told the court how Eddy Frankyln Filiciana was subjected to a luggage search in Bermuda International Airport in December of 2001.
Nothing illegal was found in Filiciana's luggage, however when an ion scan was run on his hands it tested positive for the presence of cocaine. Filiciana then consented to a body search and an X-ray at King Edward VIIMemorial Hospital. The X-ray revealed foreign objects in his stomach, which were later revealed to be 90 pellets of cocaine worth up to $192,000.
"There is no doubt that Mr. Filiciana brought in the cocaine," said defence counsel Patrick Doherty.
"The sole issue is his knowledge of what he brought in."
With the occasional help of a translator, Filiciana told the 11-woman, one-man jury and Assistant Justice Archibald Warner that he believed the pellets contained money, not cocaine.
"I was ill," he said, adding that he had been in a clinic for five to six months.
"I had asked my niece to stay in my house and pay my bills. When I came out, to my surprise, I was summoned to court because of non-payment of rent."
Filiciana said he owed about 10,000 guilders in total debts and was threatened with eviction within a month if he didn't pay his rent. He said a friend named "Chamo" who he met while in the clinic offered to help.
The court then heard how Chamo introduced Filiciana to a nameless man who claimed he was from Bermuda. Filiciana said the man told him he would be paid 8,000 guilders if he would smuggle 90 pellets of money into Bermuda. Mr. Filiciana accepted.
The man gave Filiciana the money for a ticket and expenses, as well as $500 "for clothes because you have to dress respectably for Bermuda".
Filiciana, who persuaded his sister to go on the trip with him because he did not want to be alone, booked flights to Bermuda for December 20, 2001.
The night before the flight, saidFiliciana, he went with Chamo to a hotel to swallow the pellets as he did not want his sister to know what he was doing.
He said Chamo gave him medicine which would constipate him and around 4 a.m. he finished swallowing the 90 pellets. He showered, had breakfast, met his sister at the airport, and boarded the plane.
When customs officials in Bermuda told Filiciana he had tested positive for cocaine on his hands, Filiciana said he began to panic. "I hadn't touched cocaine," he said. "Something was wrong."
Mr. Doherty attempted to show the court that, due to his sickness Filiciana would never knowingly have put 90 pellets of cocaine inside his body. "Did you ever believe you were bringing cocaine inside you to Bermuda?" asked Mr. Doherty.
"No," replied Filiciana. "Because I never would put my sister in danger. Never."
The defence rested and Ms Smith began her cross-examination, however the jury was sent home when the afternoon became tied up in legal arguments. Cross-examination is expected to continue today.
