?Not one shred of evidence? Hart knew drugs were in freezer
Puisne Judge Carlisle Greaves told a Supreme Court jury it should find international cross-country runner Jamal K. Hart (pictured) not guilty of importing 10,953 grams of cannabis if they believed his account of importing a freezer to Bermuda.
On Tuesday, Hart told a seven-woman, four-man jury he was asked to import the appliance by Mikey Campbell, but he did not know it contained $547,650 worth of cannabis.
In his summation yesterday, Mr. Justice Greaves said the jury should also acquit Hart if they found Hart?s story raised reasonable doubt. But even if they did not believe him, they should set it to one side and go back to the rest of the evidence in order to find him guilty.
?You heard the defendant was a young man of good character with no previous convictions,? the judge said. ?Good character is not a defence but is evidence that should be taken into account in his favour.?
The prosecution had to prove Hart knew, suspected, or had reason to suspect, there were drugs in the freezer, he said.
In her closing arguments, defence lawyer Victoria Pearman said it ?seemed like an infinity? since Hart?s trial began on May 8.
The trial was delayed for two weeks due to the illness of Ms Pearman and defence lawyer Charles Richardson and heard 24 witnesses.
?I hope it has not been too painful,? Ms Pearman said. ?There is not one shred of evidence to suggest this defendant had knowledge of the contents of the freezer.?
Ms Pearman said there were too many linkages with the rest of the evidence for Hart?s version not to be true.
?He gave you an honest account,? she said. ?He was not shaken on any point of fact. When you are telling the truth it?s easy. Connections are everywhere.?
Police first arrested Hart for conspiring with other people to import drugs on July 18, 2003, she said, however, her client was the only person who was ever charged in connection with the freezer.
Neither did he see any of the drugs he allegedly imported until three months after his arrest, she said.
She said the prosecution had three years to build a case but it had ?crumbled like sawdust?.
However, Crown counsel Graveney Bannister said Hart was not a credible witness and that circumstantial evidence was good evidence.
?So when you look at all the strands, what do you get?? Mr. Bannister asked. ?A rope. A rope that leads to guilt.?
The prosecutor said Hart was deceitful, exploited a situation of trust and knew what was in the freezer but tried to distance himself from it while maintaining control.
The trial continues.
