Witness protests at lawyer's allegation
Tensions continued to flare in the Dean Minors trial yesterday when, in a show of protest, Customs Officer Edward Lambert turned his back - literally - on defence lawyer John Perry Q.C. during questioning.
As the trial entered its fourth day, Assistant Justice Archibald Warner had to step in to smooth the atmosphere between the two, reminding Mr. Lambert that the the defence lawyer "has a duty to conduct his case as he sees fit".
On Thursday, Mr. Perry accused Mr. Lambert of being a liar and challenged the credibility of his Police statement about the night Minors was arrested at the airport with a box containing dresser drawer panels stuffed with several packages of cannabis.
He said an additional statement on June 18, was lacking information from the original and showed inconsistencies.
Minors, 32, has pleaded not guilty to possession and importation with intent to supply cannabis on January 1, last year.
But the seven woman, five man jury heard that Minors was allegedly given the box by fellow St. George's cricketer Greg Foggo - who was said to be in Florida around the time Minors was.
Mr. Lambert said he was offended at being called a liar by Mr. Perry and he said that he was deserving of an apology.
"I stood before this court and the gallery and this man called me a liar," Mr. Lambert said. "I am not making a speech, but I want an apology."
"No, I decide," Mr. Justice Warner said. "I expect that you are an experienced officer, but this is a trial. This is the way a trial is conducted. You are expected to give evidence in the framework of the proceedings. Mr. Perry has a duty to conduct his case as he sees fit and I'm sure that Mrs. Graham-Allen will do the same. I am the judge, I make the rulings and I oversee the whole conduct of this trial. You have been called a liar - it is in the record. Your sole purpose is to give evidence to the best of your ability."
The Customs Officer was recalled to the stand to give further testimony about an investigation into the origins of the box that Minors declared to Customs on January 1.
Mr. Lambert testified that, when questioned, Minors said he purchased the box in Florida. He told the court that during a vacation to Florida, on February 16, he purchased a similar dresser drawer from a Walmart store.
He also said that he took a photocopy of the shipping label from Minors' box to aid him in his investigation.
But Mr. Perry, who suggested that Minors never said that he actually purchased the box, pointed out that the label had an Alabama address on it and he questioned why Mr. Lambert did not conduct his investigation in Alabama.
And Mr. Perry further pointed to three Walmart receipts as evidence Minors had when he was stopped, noting that none of the items related to the dresser drawers.
"Why did you go to that particular address in Florida, Mr. Lambert?" Mr. Perry asked.
"Because that was the closest location I could find to where I was staying while I was on vacation in Florida," Mr. Lambert replied.
"Why didn't you go to Alabama - where the box was purchased - and make inquiries?" Mr. Perry asked.
"I was not instructed to carry out an investigation in Alabama," the officer said.
"But if it were not for this further information, the jury would be led to believe that the box was purchased in Orlando," Mr. Perry said. "Why was that fact not in your statement? Did you intend to leave the jury thinking that the shipping label referred to Orlando?"
"No," Mr. Lambert replied. "I was trying to bring back a box from the Walmart store in the US, so that we could have an idea of what the original contents looked like."
The case resumes on Monday, with Mr. Lambert continuing his testimony.
Vinette Graham Allen and Graveney Bannister appear for the Crown, while Venous Telford appears with Mr. Perry for Minors.
