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QC pours scorn on prosecution's case

Jamaican Queen's Counsel Frank Phipps took only an our to deliver his closing argument in the $250,000 drug possession trial against Oshane Eugene Darrell and Jennifer Mederios.

Darrell and Mederios, of 23 Seawall Drive, deny possessing approximately a quarter-of-a-million dollars worth of cocaine with the intent to supply.

They also deny possessing drug paraphernalia on the same day, November 22, 2002.

Throughout his closing arguments Mr. Phipps asked the jury a number of questions.

Again he questioned the plausibility of Police officers' version of events: "Did the Police really miss the lower bathroom?"

Mr. Phipps pointed to photographs and used "common sense" to determine that it is impossible trained officers, who searched every room in the house to secure the premises, missed the bathroom.

Police say they found approximately a $250,000 worth of cocaine under the sink in the lower bathroom.

He suggested that Police had something to hide and reminded the jury the drug canine dog did not alert to any area near the bathroom during his search of the home.

Mr. Phipps also found it suspicious that the Police photographer did not take photos of the kitchen or drug paraphernalia found in it.

He questioned why a white envelope Police say contained crack-cocaine was not tested for traces of drugs.

Mr. Phipps also highlighted the fact that the officer in charge of Darrell and Mederios' investigation, P.c. Robert Butterfield, was reluctant to tell the court about his involvement in Marcel Dill's arrest for drug possession earlier that week.

Darrell and Mederios allege Dill brought gifts to their home the day of the Police raid and that he left a brown knapsack behind.

Dill was picked up by Police shortly before the November raid in Sandys.

He was released on bail November 22 but later pleaded guilty to drug possession and is currently serving his jail sentence.

Mr. Phipps told the jury that there was reasonable doubt about the "two main ingredients" needed for a conviction.

He said the prosecution cold not prove that both of the accused possessed the drugs or that both of the accused knew about the drugs.

After going through what he felt was a weak prosecution case with questionable evidence and Police statements he said: "Let's be fair and give these young people a chance. Judge them as you would want yourself or a relative to be judged."

Mederios' defence lawyer Alan Doughty also took less than an hour to present his closing arguments to the jury.

He covered some of the same points Mr. Phipps brought up but also pointed out: "What person in their right mind is going to stash this quantity of drugs in a place people go to for more toilet paper?"

Mr. Doughty told the jury the prosecution's case did not add up.

He questioned why no finger prints were fond on the postmarked envelope Police allege contained crack-cocaine: "Did not one member of Her Majesty's Post Office touch that envelope?"

Mr. Doughty also suggested that the reason Police did not photograph the kitchen or anything found in it was because Dill's brown knapsack was in the room.

Supreme Court Justice Norma Wade Miller is expected to begin her jury instructions this morning.