Man found guilty of importing heroin
A jury yesterday found Barry Eugene Rahman guilty of conspiring to import more than $100,000 worth of heroin.
Rahman, 40, of East Shore Road, Sandys, showed no emotion as the jury return a majority verdict convicting him of conspiring with others not before the court, to import 72.04 grams of the drug, found in three plastic bags, inside of a DHL package on August 29, 2006.
The Supreme Court trial came to an end after five days of legal arguments and evidence. Rahman was remanded into custody until sentencing on January 2.
Rahman had maintained he was never involved in bringing drugs to Bermuda, even though the DHL box was addressed to him but with his name misspelled.
Senior Crown counsel Carrington Mahoney declared on Thursday that Rahman only mentioned the name of his friend, Kirt Grant, whom Rahman said he was accepting the package for, to throw investigators off.
Customs and Police officers intercepted the courier box, addressed to Rahman, at the LF Wade International Airport, where it was deemed as suspicious.
Later, when Police opened the triangle-shaped box they found fluorescent light bulbs, the type used in fish tanks, coloured in aqua and marine blue.
They also found inside were two heat-sealed bags wrapped in carbon paper that contained a light brown powdery substance, which when analysed, was deemed to be diamorphine or heroin and 15 percent pure.
Det. Con. Leroy Matherun, in charge of the investigation, told the court he and Det. Con. Clyde Robinson travelled to the Bronx, New York, to track down the supposed sender of the package, Kevin Jones.
The US Drug Enforcement Administration (DEA) helped to coordinate their investigation, which lead them to 3746 White Plains Road, as listed on the airway bill.
However, the officers found no residence at that location, saying in court: "It does not exist."
Police teamed up with courier DHL to deliver the package to Rahman's address, with the drugs already accounted for, with Rahman having his innocent grandmother accepting it on his behalf.
When officers showed up at his home to question and arrest him, he told them he was only accepting the package for his friend Kirt Grant who lives in Dockyard.
Challenging that premise, Mr. Mahoney said to Rahman who was giving evidence for his defence: "I'm suggesting to you your testimony about Kirt Grant is a concoction.
"You knew the package was coming to you in Bermuda, up to the time you told your grandmother to receive it on your behalf. Kirt Grant had not told you about anything about the package. I'm suggesting you only called Kirt Grant's name because the Police had gone to you when the package came to your residence."
"No, he relayed the message to me (about the package)," Rahman refuted. "It didn't cross my mind to ask Kirt why he was receiving the package."
When officers arrested Rahman at his home, they were armed with a search warrant and asked him if he had any large sums of money or contraband inside, he told them he had $27,000 in cash.
However, Police found $43,350 from behind dresser drawers inside the room Rahman shared with his brothers, inside of at least two bags, consisting of US and Bermuda currency.
Police seized it under the Misuse of Drugs Act. On Thursday, brother David Peter Rahman, testified for the defence that he shared a bedroom with Rahman and another brother, Andrew.
Much was centred on the use of a dresser drawer set, which Police found the cash beneath, inside of at least two bags.
Under examination by defence lawyer Ed Bailey, David Rahman said at the time of the arrest of his brother, he was paid with cash by his employer and was in the practice of storing money under the drawers.
"I kept my money underneath a draw in my bedroom," Mr. Rahman told the court. "I have a High Boy bureau in our bedroom and it's a space underneath where I kept my money."
He stated that only he and the defendant knew about the stashed cash. His cash, he added, was stored inside of a white bag. "I had $16,000 and some," Mr. Rahman explained. "But it was confiscated by Police, my money was strictly in Bermuda dollars."
Jamaican QC Frank Phipps and defence lawyer Ed Bailey represented Rahman, with Puisne Judge Charles-Etta Simmons, presiding.
