deliberation this morning having heard final summations from Crown and defence counsels yesterday.

They will receive instructions from Puisne Judge the Hon. Mrs. Justice Wade before retiring to decide the father-of-one's fate.

Simmons was originally accused of importing over $291,000 worth of cannabis into the Island, possessing it with intent to supply and handling it with intent to supply.

But on Tuesday, jurors were instructed by Mrs. Wade to find the former Federal Express courier not guilty on the first count because there was "not sufficient evidence'' to convict him of importation.

The parcels of cannabis were discovered at the Civil Air Terminal on February 15, 1992, concealed in two boxed word processors addressed to a "N. Burgess'' at Busycomm Ltd. in Hamilton.

Police filled the machines with "dummy'' packets of shredded paper and crab grass along with one of the original bundles and replaced them in the airport's freight shed for pick up.

Simmons, who collected both boxes that afternoon, said he received a call at the Federal Express office in Hamilton from a "Mrs. Maxine Burgess'' who wanted "the typewriter'' delivered to her house in Sandys Parish.

The courier, who had been followed by narcotics officers since he departed the airport area, was arrested later that evening as he was about to make a delivery on the Middle Road in Warwick.

Investigating officers discovered that only one of the word processor boxes remained in the back of the van.

According to Police testimony, officers lost sight of Simmons near the junction of King and Victoria Streets, picking him up again on Parsons Road.

During cross-examination by Crown counsel Mr. Diarmuid Doorly, Simmons denied giving the box to anyone.

"I cannot explain the disappearance of the other box,'' said Simmons. "I don't know what happened to it.'' The 29-year-old told the court he had placed the larger packages, including the two word processors, into the rear of the van some "three or four inches'' from the door and put smaller parcels on the front passenger seat beside him.

He first realised the box was gone when the arresting officers placed him in the back of the vehicle for transportation to the Hamilton Police Station.

Defence lawyer Mr. John Perry QC pointed out that Simmons left the van unattended and unlocked several times, and that while travelling along Deep Dale Road in Pembroke he stopped the vehicle to slam the improperly shut rear door.

Mr. Doorly questioned Simmons about the telephone call he allegedly received that afternoon in the Federal Express office from a "Maxine Burgess'' who was looking for "a typewriter''.

The Spicewood Drive, Warwick, resident said he wrote a description of the house he was to deliver it to on a piece of paper which he attached to one of the word processor boxes.

He admitted no actual address was noted, although he knew it was "either Scott's Hill or Cook's Hill'' in Sandys Parish.

Simmons said he was unable to get a telephone number from the woman because she said it was unlisted.

His assertion that he had found a house on Scott's Hill Tuesday which matched the description he had been given was also challenged by the prosecution.

Under Mr. Doorly's questioning, Simmons said he had gone to the same area only a month after his arrest and found the house.

"And you never made any further inquiries about whether a Maxine Burgess lived there?'' Mr. Doorly asked.