Jamaican resident who was charged with attempting to export more than $8,000 in United States currency last month.

After an hour-long trial in Magistrates' Court on Wednesday, the Wor. Will Francis found the accused Donald Sidney Smith 58, of Kingston, Jamaica not guilty.

Smith was stopped at the Civil Air terminal by a US Customs inspector on September 21.

He and Bermudian Customs officer Stephen Perinchief took Smith to a search room for a currency check.

There, they found $8,640 in United States currency in his pants pocket and briefcase.

Smith told the officers he did not need permission to export the cash because he was a Jamaican resident.

On Wednesday, Laquita Tuzo, who is a customer service representative at the Bank of Butterfield, told the court she met Smith on Tuesday, September 20.

She said Smith approached her desk and asked for a monetary form because he wanted an official document to present at the airport.

"I asked him if the money he had was in Bermudian or United States currency.

He said he had nine or ten thousand in United States currency.

"I explained that he did not need a monetary form since those forms were only for persons who have Bermuda dollars which they are seeking to convert.'' Tuzo said she had dealt with Smith in the past and knew he lived in Jamaica.

As a consequence, she said she told him he could take any amount of United States currency out of Bermuda as long as it was under $10,000 without permission from the Controller.

"It's not for me to ask him how he came upon that money,'' she explained.

"I am aware of all the regulations governing the export of United States currency and I am certain that the information I gave him was correct.'' Mr. John Hill, a manager at the Bermuda Monetary Authority testified that the section governing currency export makes no distinction between residents and non-residents.

Reading from the regulation he said: "No person shall export or attempt to export money including foreign currency notes without permission from the controller.'' Hill pointed out residency was an irrelevant criteria since the regulation covers everyone.

This contradicted Tuzo's earlier testimony because she had given him verbal permission to leave Bermuda with the money.

Senior Magistrate the Wor. Will Francis said the most important feature of this case was whether or not Smith received permission.

"I make no finding on whether (Tuzo or Hill) are right about what the regulation requires, because that is not relevant,'' he said.

"I do find that he was given permission, therefore he is not guilty of this offence and the case is dismissed.''