Drugs case is full of holes, lawyer claims
The prosecution case against a man accused of drugs offences was full of contradictions and didn't add up, it was claimed.
Defence lawyer Mark Pettingill was speaking as the Supreme Court case against Roderick George Astwood concluded.
Today the jury will consider their verdict.
Astwood, 42, denied possessing diamorphine intended for supply in June this year.
It was alleged he was caught with heroin on his person and a stash found in a hole in a wall also belonged to him. The total street value was $1,080.
But Mr. Pettingill said there were contradictions between the version of events given by three officers at the scene, with particular regard to the location when Astwood was alleged to have put a package containing heroin in a wall in an alleyway.
He said the jury would be making a quantum leap to connect the drugs in the wall to Astwood.
Previously, the trial, before Chief Justice Austin Ward, heard that Astwood was arrested after two officers followed him into an alleyway on Elliott Street where they claimed seeing him put a package of drugs in a hole in the wall.
Tests on the drugs seized revealed a substance that was up to 74 percent diamorphine. The total weight found was 0.43 grams.
Det. Insp. Andrew Boyce told the court that normally the average purity of heroin was around 30 percent and it was rare to see that ratio of purity in Bermuda.
In his closing submissions, Crown counsel Patrick Doherty said the high purity of the drug found on Astwood and in the wall connected them to the defendant, as did the way it was packaged.
He said suggestions of Police impropriety were just theories and said it didn't make sense that officers would do such a thing.
In addition, he said no challenge was made by the defence on the $600 found on Astwood.
"What was he doing with all that money? It was obviously from the drugs he was selling,'' said Mr. Doherty.
Mr. Pettingill said there were differing stories about when Sgt. Peter Morgan and P.c. Milton Gilbert entered the alleyway before arresting Astwood.
"What really happened was they were in the alleyway and when Astwood was stopped he had drugs on him for his personal use. Then the search of the alley found some drugs, they put two and two together and said they must be his,'' he said.
"This is a drugs area, maybe it was somebody else's stash.'' Earlier, Mr. Pettingill said there was no evidence that the plastic bag containing the heroin found in the wall had Astwood's fingerprints on it.
And when he asked P.c. Gilbert, the officer who said he had followed Astwood in to the alleyway and arrested him, if the bag was fingerprinted to confirm Astwood had handled it, he replied that he didn't recall fingerprints being taken.
Concerning the arrest, when Astwood was alleged to have walked past P.c.
Gilbert into the alleyway and put a package of drugs into the wall in full view of the officers, Mr. Pettingill said: "You must have felt like the luckiest P.c. in the world. A man walks past, you follow down an alley and he places heroin in the wall.'' "That is correct,'' replied the officer.
"He must have been the most stupid drug dealer in the history of the universe, to walk past uniformed officers who follow him into the alleyway and slowly place drugs in the wall,'' the lawyer said.
Under examination from Mr. Doherty, P.c. Gilbert said it didn't appear that Astwood knew there was anyone behind him at the time he allegedly placed the package in the wall.
Det. Insp. Boyce told the court that in general a "deck'' of heroin weighed an average of ten milligrams and sold on the streets for $20.
He added that normally a dealer would only keep a few wraps of drugs on him and would serve customers from a larger stash hidden somewhere nearby.
Det. Insp. Boyce agreed with Mr. Pettingill that it was sometimes frustrating for the Police trying to catch dealers with a large amount on their person.
"You have to be lucky to catch dealers with their main stash of drugs,'' said Mr. Pettingill.
Det. Insp. Boyce replied: "Yes.''
