Jury finds pair not guilty in drugs trial
Two West Indians walked free from major drug dealing charges yesterday and described their 17 months of torment in a Bermudian jail.
Cruise ship workers Alvin Francois and Trevor Morain spoke of their "hell'' at the Westgate Correctional Facility, where they had been remand prisoners since June 1996.
Francois, from St. Lucia, and Morain, from Grenada, were each cleared of possessing and intending to supply $64,000 worth of cannabis yesterday.
The 11-member Supreme Court jury also delivered not guilty verdicts on lesser charges of handling with intent to supply.
They had heard that Police saw the men drop off a package containing 1,284 grams of cannabis outside the General Post Office on Parliament Street on June 18, 1996.
But the defendants claimed they only signed Police statements because they were promised to be allowed back onto their ship, the Zenith .
Francois and Morain also told the court they had been denied access to lawyers.
And they said they were made to pose for Police photographs outside the post office and "told where to point''.
The case was thrown into confusion in July when the arresting Police officers became the focus of an inquiry for inappropriate conduct in another drug case.
After the trial, 35-year-old Morain told The Royal Gazette : "We have been in prison for 17 months on this Island.
"It's been 17 months in hell.'' Francois, 30, added: "Now we just want to get home as soon as we can. We don't even think we should have to pay for our flight.
"The Bermuda Police are very wicked. I don't want anything to do with them ever again.'' Defence lawyer Renee Foggo added: "It's refreshing and it's nice to know that the jury has delivered a true verdict on the evidence that was before them.'' The jury of six men and five women had been out for two-and-a-half hours when they returned with the unanimous verdicts.
Francois and Morain stood impassively in court as they were read out.
But Francois waved at jury members when the pair were freed by Puisne Judge Norma Wade-Miller.
Mrs. Justice Wade-Miller ordered Police to return $5,100 which had been confiscated from Morain and $2,900 taken from Francois.
Turning to the defendants, she said: "You have heard the verdicts and you have both been found not guilty. Therefore you are free to go.'' In her summing up, the judge had reminded the jury that there was "a clash of evidence'' between Francois and a Police witness.
She added: "Both versions of events cannot be true. This cannot be explained away by a lapse of memory.'' Mrs. Justice Wade-Miller said Police denied they told the defendants they could return to their ship if they signed statements.
She also said Police denied telling the men a lawyer would cost them "too much money''.
Morain and Francois, who both gave evidence, told the hearing they spent the night at the Swinging Doors nightclub on Court Street and were arrested when they returned to the terminal at the Number One Shed on Front Street.
Police told the trial the cannabis had a street value of $64,000 and was worth $20,000 if sold in ounces.
But a third man, arrested along with Morain and Francois, was never called to give evidence at the trial despite pleading guilty.
And the Supreme Court case against the pair had to be adjourned several times.
In October, the trial was delayed because a Police witness summoned by the defence was off the Island.
The case also had to be put off in September when the defendants' initial lawyer, Archibald Warner, suffered a heart attack.
Mr. Warner won an adjournment in July when it emerged that the arresting officers were under investigation in an internal Police inquiry.
And charges of conspiracy to import cannabis were dropped after a series of legal arguments.
