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No break for crack-smuggling mom

cocaine worth more than $90,000 into Bermuda, yesterday lost her appeal.Victoria Zambardi, 37, of Brooklyn, New York,

cocaine worth more than $90,000 into Bermuda, yesterday lost her appeal.

Victoria Zambardi, 37, of Brooklyn, New York, was jailed for ten years by the Supreme Court after pleading guilty to importing a controlled drug and possession of a controlled drug with intent to supply.

The court was told that before leaving America for Bermuda, in December, 1994, Zambardi swallowed 51 pellets of crack cocaine which she excreted during the four days after she arrived.

She had also hidden another 11 pellets of crack cocaine in her handbag, the Supreme Court was told.

In total the crack weighed 340.35 grams, representing a street value of $93,750. The court heard that Zambardi was paid $500 in advance for carrying the drugs and was to receive another $1,500 for importing the drugs into Bermuda.

The Supreme Court heard Zambardi came from a poor background and needed money to look after her seven-year-old son, who was being cared for by her aged father.

She was also ignorant of the possible severe penalties if caught, had no previous convictions and had swallowed some of the drugs, with the attendant dangers to her health.

At her appeal hearing earlier this month, Zambardi's lawyer, Ms. Elizabeth Christopher, argued that the purity of the cocaine, which ranged from 47 percent to 81 percent, should be taken into account.

It was pointed out, however, that in the past courts had only taken into account the weight and value of the drugs.

Yesterday, in delivering the judgement of the Appeal Court, President the Hon.

Sir James Astwood, said drug cases should not be made more complicated than necessary by introducing a purity factor.

"Crack contains cocaine powder and cocaine is a prohibited drug. The per centage of purity on the evidence before us, matters not,'' said Sir James.

"It is its value and its destructive effect that this crack is having on our community which is important and has to be kept in view by the sentencing courts.

"The sentence is in the appropriate range for these offences,'' he said.