Drug dealers appeal eight-year terms
the Court of Appeal in a bid to have their convictions and eight-year prison terms overturned.
Smith, 23, and Simons, 24, were convicted in September of possessing almost $140,000 of heroin with intent to supply and obstructing Police. Officers had raided an apartment on King's Gate Lane in Pembroke and found packets of heroin in a recently flushed toilet and a table covered in clear plastic twists full of white powder. Smith was sitting next to the table and witnesses said they saw Simons escape through a window and flee, dropping his cell phone, his hat and two packets of cocaine along the way.
The amounts of heroin and cocaine recovered totalled 19.98 and 21.1 grammes respectively and Smith and Simons maintained their innocence throughout the trial.
During the appeal, Elizabeth Christopher asked how sure police could have been that the man escaping out of the window was Simons. An officer that identified Simons said during the trial that he had a "distinguishing face'' and he had seen him several times at go-Karting events. The court also heard that the search warrant that was executed did not have the names of either defendant or the owner of the apartment, nor did it include the address of the King's Gate Lane residence.
Ms Christopher represented Smith and Mark Pettingill represented Simons.
Principal Crown counsel Dorien Taylor represented the Crown. A judgment is expected shortly.
