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Prosecutor: Defence case inconsistent

A Bermudian living in Jamaica could easily have found out the addresses of five men contained in a ?hit list? with instructions to kill them when he returned to Bermuda, a prosecutor said yesterday.

Senior Crown Counsel Carrington Mahoney, presenting closing arguments in the murder conspiracy trial of Kenneth Sinclair Durrant and Javon Ernest Gardner also said the letter accused?s defence evidence was inconsistent.

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.

The pair have also 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.

In his closing arguments, Mr. Mahoney admitted he did not know the full details of the murder arrangement.

They are accused of sending a letter by courier to Berkley, who was living in Jamaica, containing $1,900 and instructions to kill the men listed. The men were all Police officers or witnesses in a separate case against Gardner.

?It may have been when (Berkley?s) role was done, he would be paid according to performance,? Mr. Mahoney said in Supreme Court.

Mr. Mahoney said Gardner said Berkley was destitute when he saw him around October 28, 2004 and that $1,900 was plenty of money in Jamaica.

?In a weekend he could be back in Bermuda, where he could find out people?s addresses with ease,? Mr. Mahoney said.

He recounted how the jury that International Bonded Courier (IBC) worker Michael Lambert testified that both Durrant and Gardner came into his shop and sent the package, he said.

?If you do find that the note indicated people should be killed, do you believe Durrant would not know?? Mr. Mahoney asked the jury. ?The civilian witness was of the view they were acting together.?

Mr. Mahoney also said Durrant was hesitant in an interview recorded at Police Headquarters on December 15, 2004.

The prosecutor asked what Durrant meant when he told Police he did not read the note to the max.

He also referred to when Durrant identified the letter as the same one in the package.

?How can he recognise what he didn?t see?? he asked. ?Does he have psychic powers??

Defence lawyer Peter Farge ? who represented Durrant during the interview ? downloaded lyrics from Eminem saying ?kill them? and ?kill Bush,? he said.

The defence lawyers for Durrant and Gardner have argued that the phrase ?kill him? was rap slang and the equivalent of ?f- him?.

However, Mr. Mahoney said if Durrant was ignorant of the contents of the letter he would not have instructed a lawyer to prepare a slang defence, which Gardner had now latched on to and amplified.

Mr. Mahinet argued that the letter was not written hurriedly because it was neat and contained no mistakes.

?Do you honestly believe Durrant was not a party to the intent of this letter?? he asked.

The prosecutor said Durrant was trying to hold back as much information as he could from Police during the interview about his relationship with his cousin Gardner.

Mr. Mahoney said Gardner must have known Berkley for longer than 15 to 20 minutes because no one would send clothes to a fleeting acquaintance.

And during a sting operation in Kingston on December 14, 2004, Jamaican Police testified they saw Berkley open the package, read the letter and count the money.

?The defence will say he never looked at anything,? he said. ?But these officers were there for a particular reason and would therefore be able to say what happened.?

There was no need for Gardner to update Berkley on his case, Mr. Mahoney said, because nothing new had happened.

And there was nothing personable in the note asking how his cousin in Jamaica was doing or whether he could come for Christmas, the prosecutor said.

?Durrant just sent cash,? he said. ?You would expect a note to say he was sending it was a Christmas bonus or something.?

Police Commissioner Jonathan Smith was also in the public gallery of Supreme Court yesterday until one of the jurors had a seizure and the trial was adjourned for the morning.

The defence is expected to present its closing arguments before Puisne Judge Carlisle Greaves today.