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Crown's star witness under attack

Police try to hide the appearance of the star witness in the Roberts/Holder conspiracy trial yesterday. German Heinz Golembeck said he brought marijuana to the Island for Roberts on his sailboat in December, 2000.

The credibility of the Crown's star witness was under attack yesterday as the conspiracy trial of Kirk Roberts and Alphonso Holder continued in Supreme Court.

In the third, dramatic day of testimony from German sailboat owner Heinz Golembeck, Holder's defence attorney Patrick Doherty accused the witness of being a well-versed liar who cared little for the well-being of those affected by the drugs he smuggled into various Caribbean countries.

A visibly-irritated Golembeck admitted under questioning that he had lied extensively to Bermuda Police when he his boat was searched for drugs on a first marijuana delivery to the Island in March 2000.

Over the course of his testimony last week, Golembeck said he met Roberts on that trip and the two came to an agreement to smuggle in 200 to 300 pounds of marijuana from the Caribbean.

Golembeck said Holder joined him on his sailboat, Never Come Back, when he left St. Vincent with the drugs and came to Bermuda to “protect” them.

Roberts, 40, of Sandys, and Holder, 37, of St. Vincent, deny conspiring to import marijuana in December 2000.

Mr. Doherty took Golembeck through his early statements to Police in detail although the witness admitted he lied throughout the March interviews.

“I can make this short,” Golembeck said. “I can say, way back at that time, I was lying the hell out of me to save my butt. And today, I'm telling the truth to save my butt too.”

“I want the jury to see how good a lawyer you are,” Mr. Doherty replied, adding Golembeck told Police he was in Bermuda only because it was the best place to stop before returning to Europe and denied there were drugs on his boat.

Mr. Doherty also questioned Golembeck extensively about his previous testimony that Holder joined him on the boat when he picked up the drugs from Vincentian, “Benji the Roots Man”.

“That's the agreement you had with Roots Man,” Mr. Doherty asked. “To bring Holder to Bermuda to protect Roots Man's interests in Bermuda?”

“That's what we talked about and I guess he wanted to stay to sell his 15 pounds (of marijuana) as well,” Golembeck replied.

“Are you trying to make the Prosecution's case against Holder,” Mr. Doherty asked.

“No, I think Holder is not a big fish,” replied Golembeck. “I think he was only, at the wrong time, on the wrong boat.”

Mr. Doherty pointed out in earlier statements to Police, Golembeck said Holder was carrying 13 pounds of marijuana personally.

“Is it 13 or 15,” he asked.

“If its written 13, I said 13, I guess,” replied Golembeck.

Mr. Doherty pointed out Golembeck had testified he received $60,000 for his first drug drop off to Bermuda but told Police $80,000 in earlier statements.

And he suggested to Golembeck that he brought heroin to Bermuda on his first trip but the witness consistently denied this.

Finally, Mr. Doherty tried to suggest that Golembeck did not know for certain the drug he brought to Bermuda for Roberts in December 2000 was marijuana.

But Golembeck said he was sure it was marijuana from his smuggling experience and because he could smell it.

“We'd been talking about it for half “We've been talking about it for a year,” Golembeck said. “Roots Man and everyone said it was marijuana. What else would it be?”

Painting an alternate picture of how his client came to be on Golembeck's boat, Mr. Doherty suggested the witness met Holder originally at a marina rather than Roots Man's house.

He suggested Holder asked for a ride and was told the boat was heading for Barbados.

Golembeck denied all these suggestions.

“You only care about your own rear end and money,” Mr. Doherty said. “Do you agree or disagree?”

“I don't agree,” replied Golembeck.

Golembeck was followed in the witness box by Police Inspector Gary Venning.

Under questioning from Prosecutor Shade Subair - who is assisting Director of Public Prosecutions Khamisi Tokunbo - Insp. Venning said he boarded the Sea Scorpion III in the early morning of December 19, 2000 along with a number of Emergency Response Team (ERT) officers after receiving coordinates from Bermuda Harbour Radio.

Last week, Sea Scorpion III owner Stephen Cabral Sr. told the court he was awakened that morning on his boat by armed men “dressed like ninjas”, just hours after he dropped off Kirk Roberts and Alphonso Holder following a deep sea exchange with a passing sailboat.

Insp. Venning said officers took the fishing boat into Bermuda and, when he returned to it later that evening with a Harbour Radio Officer, he found night-vision binoculars onboard.

He also said, he and the officer retrieved a record of GPS way points from the boat's instrumentation.

Lawyer Larry Mussenden - part of Roberts defence team with Mark Pettingill - asked Ins. Venning when he was originally apprised of the operation he took part in that night.

Insp. Venning said he attended a meeting with regard to it on December 15, 2000.

“Did this operation have a name,” asked Mr. Mussenden.

“Yes, Operation Back Again,” replied Insp. Venning.

Mr. Mussenden's cross examination is expected to continue this morning before Supreme Court Justice Norma Wade-Miller.