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Man cleared of five drugs charges

Quietly lowering his head to his hands a Warwick man welcomed a jury?s not guilty verdict in his Supreme Court trial yesterday.

Kimwande Shelly Walker, 29, of Pearman?s Hill, Warwick, was cleared of charges that he intended to sell crack, ecstasy, cocaine and cannabis that Police found in his home during a bust on July 26, 2003.

After four days of proceedings, the jury took three hours to deliberate over the evidence, which included testimony that a Police informant actually owned the drugs.

In his summation, Acting Supreme Court Justice Archibald Warner said the court heard defence witness Richard Medeiros testify he went to Walker?s home a week before the Police bust with his friend Alexander Stevenson, a drug dealer. This witness identified the black bag found at Walker?s as the one Stevenson took to the house that night.

?He told the court that he had been watching TV in Walker?s dining room when Stevenson got up and went into kitchen by himself,? Mr. Justice Warner said. ?He also told you that that night was the last time he saw Stevenson with the bag.? Stevenson has since left the Island, the court was told.

Mr. Justice Warner reminded the jury of Walker?s testimony that after his arrest Stevenson told both Walker and his former lawyer, Larry Scott, that the bag was Stevenson?s. This information, Mr. Scott testified, was given to Police.

Walker, who admitted to smoking cannabis but denied dealing, said he didn?t notice the bag until the night before his arrest and hadn?t looked inside it. But according to Police testimony, Justice Warner said, the bag was found unzipped and with plastic wrapping poking out.

For a conviction, Mr. Justice Warner told the jury, they must be positive that Walker in fact possessed the drugs. This meant that both the black bag and paper towel roll where the drugs were found were in Walker?s control, he said.

If they were sure of Walker?s possession of the drugs they could consider whether the drugs were intended for supply, which is the second element of the charges, he added.

After the verdict was returned, Walker was fined $5,500 for separate charges relating to his admitted marijuana habit.

He pleaded guilty of having a blender for breaking up cannabis, a small amount of the drug in his pockets and two small cannabis plants, which were all seized in last year?s bust.

Walker left the court a free man, with the mother of his son and a close family friend.

They said they were ecstatic over the verdict.