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Sailor denies drugs set-up

Kirk Roberts

The Crown's star witness in the trial of Kirk Roberts and Alphonso Holder was accused of being a ‘secret agent' as defence lawyer Mark Pettingill questioned his spotty record as drug smuggler and the many “coincidences” that allowed him to elude prosecution.

Roberts, 40, of Sandys, and Holder, 37, of St. Vincent, are accused of conspiring with others not before the court to import cannabis in December 2000.

Last week, witness Heinz Golembeck - a German sailboat owner - told the court Roberts hired him to bring the drugs from the Caribbean after meeting him in Bermuda when he completed a drug run for another man in early 2000.

Golembeck said Roberts was to pay him $1,000 for each pound of cannabis he brought to the Island and that Holder had joined him on the boat as an agent of the man who sold them the drugs in St. Vincent - “Benji the Roots Man”.

Mr. Pettingill - who had earlier suggested Golembeck was a “secret agent” - asked the sailor whether he had been recruited by any other agency following his time in the German Navy; whether he was a US citizen; whether his parents were US citizens; and, whether he had helped authorities build the case against Roberts.

Golembeck denied all these suggestions. However, under cross examination, he admitted that was picked up by Police on his first trip to Bermuda in early 2000.

“On this first trip in 2000, you met some Bermuda Police officers, why was that?” Mr. Pettingill asked.

“They suspected me of having drugs on my boat,” Golembeck replied.

“They were right?” asked, Mr. Pettingill, “yes,” Golembeck replied.

But while Police, Customs Officers and US Coast Guard members spent three days searching his boat - the Never Come Back - they did not find the drugs, Golembeck said.

He told the court the drugs were hidden in a special compartment which had been built while he was in Jamaica and were intended for a Bermudian man he knew only as “Mel”.

He said he was paid $60,000 for the drug run - which was his most successful effort as a drug smuggler, having failed to secure full payment in four previous Caribbean runs.

Mr. Pettingill asked Golembeck to explain how he became involved in drug running in the first place.

“I was in Jamaica and I had no money,” Golembeck said. “I had debts in Germany already and sailing is expensive.”

He added: “In a marina in Montego Bay I met a Canadian who introduced me to the business.”

Under heavy questioning, Golembeck said he did four drug runs between Jamaica and the Bahamas between 1998 and when he came to Bermuda.

On each occasion, however, Golembeck claimed he did not receive full payment for his smuggling efforts and sometimes received nothing at all.

Mr. Pettingill questioned why he did not start asking for his money up front.

“It doesn't work like in the movies where you get a big suitcase of money and then they get the material,” Golembeck replied.

“So it's your evidence that people doing drug deals get paid on credit?” Mr. Pettingill asked.

“Maybe they just did that with me,” Golembeck said. “I don't know about that.”

Later, Mr. Pettingill would tell Golembeck “you're probably the most unsuccessful drug smuggler in history, according to you”, adding later: “How can you be so smart in court and look so professional and be so stupid as a drug smuggler?”

Mr. Pettingill also pointed out, on Golembeck's second trip to Bermuda, while Roberts and Holder were arrested after the drug drop, he sailed away scot-free.

“When you came up to Bermuda the second time and met with Roberts with Holder, did you know Police were waiting for you?” Mr. Pettingill asked.

“I didn't know,” Golembeck said.

“Did you know Police were waiting for you and the operation was called ‘Operation Back Again'?” Mr. Pettingill asked.

“I didn't know that,” Golembeck replied.

“Another coincidence. Your boat is called Never Come Back!” said Mr. Pettingill.

Mr. Pettingill also questioned Golembeck extensively on his decision to call the US Coast Guard in 2001 and to confess all his Caribbean drug running activities to US Drug Enforcement Agents.

“Did you do it because you knew you were safe?” Mr. Pettingill asked.

“No, I didn't know that then,” Golembeck replied.

He said he called US authorities while in Nassau because he wanted to change his life, get married and move back to Germany.

And he said he went to the US Coast Guard because his drug running experiences on small islands had shown him too many Police officers were corrupt.

“I didn't really trust Police on small islands like Bahamas because of what I did. I knew how many Police did it. But the US Coast Guard is a bigger organisation and I felt safe turning myself in to them,” he said.

After the US authorities contacted Bermuda Police, three officers flew to Bahamas and met with Golembeck.

Under questioning, he held his position that he originally told these officers about his dealings with Roberts and ‘Mel' without an immunity agreement but later received one in exchange for his testimony.

Golembeck said he told Police his whole story but they seemed more interested in the deal with Roberts than the previous one.

The trial continues today before Supreme Court Justice Norma Wade Miller.