A defence lawyer yesterday failed to prevent a prosecutor from putting suggestions during cross-examination to her client, who denies conspiring to murder five people.

After two days of adjournments, defence lawyer Victoria Pearman claimed yesterday that it was improper for Senior Crown Counsel Carrington Mahoney to put suggestions to Javon Gardner.

Ms Pearman cited a legal authority to prove her argument, but Puisne Judge Carlisle Greaves said he understood her authority ?very well? and overruled her objection.

Kenneth Sinclair Durrant, 53 of Ord Road, Warwick and Gardner, 27, of Crossfield Lane, Sandys have denied conspiring with Vernon Berkley to kill Det. Sgt. Arthur Glasford, Det. Con. Terry Trott, Det. Con. Llewellyn Edwards, Sharrieff Wales and Dion Ford in Bermuda and elsewhere, on or before November 29, 2004.

In addition, the pair have denied attempting to pervert the course of justice on or before November 29.

If found guilty of conspiracy to murder the maximum sentence would be life.

Gardner said yesterday he was a fan of rappers like Eminem and 50 Cent and reggae artists like Bounty Killer who used violent phrases in their lyrics.

However, when asked by Mr. Mahoney, Gardner conceded he did not know of any songs that contained the phrase ? ?kill him? ? which was found in a letter sent to Berkley in Jamaica five times.

?All it is, is slang,? Gardner said. ?What the average youth man use nowadays and in Jamaica it is more common than in Bermuda.?

However, Gardner admitted he had never visited Jamaica.

And he agreed with Mr. Mahoney that he wrote what he meant and meant what he wrote.

But Gardner denied that he, Durrant and Berkley conspired to write a hit-list and that part of the agreement was that Durrant provided $1,900.

He said he was angry with the people in the letter but disagreed that he knew they would be ?taken care of? by Berkley.

He also denied wanting to stop his case, for which he was due to appear in court on December 16, 2004 for allegedly possessing a stun gun and assault on Front Street on Saturday, September 25, 2004 by having his witnesses killed.

Gardner said his cousin Durrant asked him to come with him to meet Berkley on Bermudiana Road around October 27, 2004.

?He used slang,? he said. ?The same slang I use in my letter, kill him. I understood him to mean f*** him.? Gardner said he told Berkley about his pending trial, but said he only met him for a maximum of 20 minutes and never spoke with him again.

On November 28, 2004, Gardner went with Durrant to the UPS office to send Berkley an update on his case and some clothes, he said.

?Durrant moved to the side of the counter so the guy wouldn?t see him putting money in the envelope,? Gardner said. ?I paid for the envelope with the clothes and Durrant paid for it. Then we left and got some lunch.?

Asked why he wrote ?kill him? in his letter, Gardner said he felt certain individuals were not being fair and were trying to take advantage of him.

?F*** him,? Gardner said of Sharrieff Wales. ?In his statements he was excited and tried to be a hero, explaining to Police and drawing a sketch of where things were in the scene and held me until Police came.?

Gardner said he wrote ?kill them both? for Det. Con. Llewellyn Edwards and Det. Con. Terry Trott because they were trying to get him to confess to something he did not remember doing.

?They both made fun of me and mocked me when I said I don?t remember nothing,? Gardner said.

He said ?kill him? for Det. Sgt. Arthur Glasford because he said if he gave Police information, the charges against him would be dropped. He said he knew Det. Sgt. Glasford?s phone number but did not include it in the letter.

Durrant is represented by John Perry QC.

The case continues today.