US visitor cleared of importing cocaine
A New Jersey man accused of importing $59,000 of cocaine into Bermuda was found not guilty yesterday after the judge deemed there to be no case to answer.
Keith Falconer, 30, hugged his lawyer Victoria Pearman after being acquitted of three charges, those of importing, possession with intent to supply, and handling with intent to supply.
He had pleaded guilty to using forged documents to enter the Island in January of last year, and yesterday was fined $3,000, or a six month jail-term, by Assistant Justice Archibald Warner.
Mr. Warner said he had sentenced Mr. Falconer on the "bare bones" of the forged documents count alone, but said he still considered it a serious offence.
However, Mr. Warner directed the jury to find Mr. Falconer not guilty of each of the other three drug counts on the grounds that there was insufficient evidence.
He said to the jury: "During your absence, I heard certain legal arguments from counsel and, at the end of the day, I have made certain rulings.
"Based on these rulings, I'm going to give you the direction in law, which you must follow.
The ruling yesterday brought to an end the six day trial, in which prosecutors Juan Wolffe and Cindy Clarke claimed that Mr. Falconer had played a major role in bringing the cocaine into Bermuda on about January 8 last year.
American Amber Davis, 19, had already been jailed for three-and-a-half years for importation of the drugs.
But in her statements, given last year, she is alleged to have told Police that Mr. Falconer, who she knew as his alias Steve or his nickname Killer, had bought her an airline ticket, had taken her to the airport and had given her the drugs.
The prosecution's case was that Mr. Falconer then followed Davis out to Bermuda a day or so later, and stayed in the room beneath her at the Surf Side Beach Club in Warwick.
When Police raided their rooms, they found two packages of cocaine in her room, and cash, in both American and Bermudian dollars, in Mr. Falconer's room.
At first he claimed not to know Davis, but then admitted to having sex with her in Bermuda, although he denied having any involvement in the drugs.
But last week, Davis took the stand and was uncertain about her original claims and said she could not remember giving the statements, or much of the detail about the drugs and where she got them.
Yesterday, when Assistant Justice Warner returned the no case to answer verdict, Mr. Falconer put his head back and sighed.
In mitigation to the count of forged documents, Ms Pearman said Mr. Falconer had had his driving licence suspended back home, but needed a car to work in New Jersey, so got a forged birth certificate and driving licence in the name of Steve Alexander.
He used the birth certificate to come to Bermuda, instead of his own, because, she claimed, he had hoped to rent a car on the Island.
She said he had no convictions and had already served three-and-a-half months on remand for the drug charges.
