An accused conspirator was actually performing a good deed when he met a sailboat miles off Bermuda on a dark December night rather than picking up a drug shipment, the man's defence lawyer suggested yesterday.

Former powerboat racer Kirk Roberts denies conspiring with Vincentian Alphonso Holder - and others not before the court - to import hundreds of pounds marijuana to Bermuda in 2000.

Yesterday, Roberts' attorney Mark Pettingill challenged Crown witness Stephen Cabral Jr.'s testimony that Roberts told him, he'd hired the fishing boat he owns with his father (Stephen Cabral Sr.) to pick up "weed".

"You told the court earlier that (Roberts) was concerned that you were on board," Mr. Pettingill asked.

"He was uncomfortable," Cabral replied. "I wasn't supposed to be there."

"He got so comfortable with you, he told you he was going out to get weed?" Mr. Pettingill asked.

"Yes," said Cabral.

Mr. Pettingill asked if Cabral "smoked weed" and when told "no", said: "If I got a court order for a blood test right now you'd have no worries?"

"No," replied Cabral.

"I suggest to you, you inquired of Kirk Roberts what was going on and he just kind of smiled and said `we're off to do a good deed'?" Mr. Pettingill said.

"No," Cabral answered.

Mr. Pettingill also attempted to establish whether Cabral had received an immunity deal prior to the preliminary inquiry for the case.

But Mr. Cabral said he could not remember exactly when he was notified he would receive immunity.

"All I can remember is that it was months after I was arrested," Cabral said. "It may even have been a year."

Cabral admitted he was afraid and confused after his arrest but said he had helped Police voluntarily.

"I decided to cooperate myself before anyone suggested it," he said of his immunity deal.

Both Mr. Pettingill, and Holder's defence lawyer Patrick Doherty cross-examined Cabral on the late night exchange with the sailboat off shore on December 18, 2000.

Earlier in the trial Heinz (Henry) Golembeck, a German sailboat owner, told the court he made an agreement to bring Roberts marijuana from the Caribbean.

Golembeck said he got the drugs in St. Vincent and then sailed to Bermuda with the material and two other men on board - Holder (aka Black Man) and Bermudian Winston Robinson - and made the exchange.

"Do you recall seeing the captain of the sailboat," asked Mr. Pettingill of Cabral. "No, I was concerned about safety on my boat (Sea Scorpion III)," he replied.

Mr. Pettingill asked if Cabral knew Robinson and whether he'd seen him on the sailboat. Cabral said he did not get a close look at the men on the boat and only saw three figures.

"I haven't seen him in a long time but I would recognise him from when I was a kid," Cabral said.

Later Mr. Doherty asked whether there had been any dialogue between the boats.

"Not with me," Cabral said.

"Winston Robinson is a long-time friend of your father's," Mr. Doherty asked. "You'd recognise his voice if you heard it?"

"Yes," Cabral replied.

Mr. Doherty also established that Holder left a plastic bag on Sea Scorpion III containing children's t-shirts and three enamel cups.

Also testifying for the Crown yesterday was Top Hat Guest House owner Roseanne Flood.

Mrs. Flood told the court Roberts brought Holder to Top Hat on December 19, 2000.

She said Golembeck had stayed in the guest house in April of 2000 and she was expecting him but Roberts told her it would be "Henry's friend".

Mrs. Flood said Holder paid her for two days and Roberts left the guest house.

But Police arrested Holder that same day and took him away, she added.

"He pressed his mouth against the window of the Police car like he was trying to say something to me," she said.

"Did you understand what he said," asked Prosecutor Shade Subair, who is assisting Director of Public Prosecutions Khamisi Tokunbo.

"No, I couldn't understand what he was saying," she replied.

Under questioning from Mr. Doherty, Mrs. Flood said Holder appeared relaxed when he arrived.

"You'd agree he didn't appear injured when you saw him especially in the facial area," he asked,

"I didn't see any injuries on his face," she replied.

Mrs. Flood said Police were in the room with Holder roughly half an hour before they took him away.

The Supreme Court jury of ten women and two men also heard from Chief Harbour Radio Officer Scott Simmons yesterday.

Mr. Simmons showed the court charts he compiled from the radar tracking of vessels on December 17 and 18 for a Police operation and from GPS way points taken from Sea Scorpion III.

The charts coincided to within 300 yards, Mr. Simmons said, adding the difference was due to instrumental limitations.

Mr. Simmons will continue testifying before Supreme Court Justice Norma Wade-Miller today.