Rabain found guilty
$282,000 worth of heroin in her home.
Cries of anguish from assembled family members of Takiya Rabain greeted the majority verdict in Supreme Court yesterday.
Rabain, 23, could get life at her March 9 sentencing after nine of the 12-strong jury found her guilty of possession with intent to supply.
Her lawyer Mark Pettingill said: "My client is maintaining her innocence. She always has from the very beginning and always will.
"I feel very strongly there has been a serious miscarriage of justice in this case.'' A bust of Rabain's Somersall Road home, which she shared with her mother, in January last year led to the discovery of bags of brown and off-white powder hidden in the pockets of two jackets and a container in Robain's bedroom.
Her mother Marva was also charged with possession with intent to supply but charges were dropped in September.
However her ex-husband Victor Rabain, who is Takiya's father, pleaded guilty to the same charge and was given a ten-year sentence last August after admitting the drugs were his.
After yesterday's guilty verdict Takiya's Auntie Lana Talbot said: "It should never have been tried.
"He has already been convicted. Why did they accept his charge of guilty for the crime and then still go after someone else for the crime? Defence lawyer says he will appeal guilty verdict "In no other country in the world would this take place. We need to update our justice system and court system and get our laws on target.
She added: "I felt the judge and the prosecution were very biased in their judgment and presentation of the case.
"I have lost faith in the justice system in Bermuda.'' However in her summing up Ms Wade Miller said: "You can find her guilty even though Victor Rabain pleaded guilty and took responsibility.
"The Crown does not have to prove they acted in concert.'' She said for possession to be proved the accused had to be shown to have knowledge of the drugs presence and an intention to exercise control over them.
Lawyer Mark Pettingill, who represented all three Rabains, said after yesterday's verdict: "Obviously I am stunned by the outcome given the way the trial has evolved.
"I am very upset, we have been optimistic, particularly in light of what the evidence was and wasn't in this case.
"There's no question there will be an appeal. We just have to go away and consider the areas it will be based.
Possible grounds for appeal could be: Victor Rabain had already pleaded guilty to the charge.
Officers had denied fingerprints were taken from Takiya Rabain but subpoenaed evidence showed that they had been taken revealing that no prints from her were found on the drugs.
Disputes over what had actually been said during the case.
Mr. Pettingill said the lack of accurate notes on which lawyers could rely and refer back to was leading to miscarriages of justice.
He said: "It's a travesty, it's scandalous. It needs to be remedied immediately.
"It's scandalous that judges have to be subjected to not having court reporting -- it makes it very, very difficult.
"But obviously the greater concern is having innocent people convicted because of the fact you are unable to go back and check for a thoroughly accurate record that is verbatim. Judges can't keep that kind of note.
"Times are changing -- years ago we didn't have DNA evidence and now we do.
"There are very technical aspects of the law and without the ability to report on them we have serious problems.
"I understand there may be something in the pipeline very soon but that's not going to help us today with this case.'' A court reporting system should be ready in a few months which will provide a verbatim record on tape from which computer transcripts can easily be taken.
Mr. Pettingill continued: "The issue of court reporting is of huge concern because questions of record became an issue in this case on more than one occasion.'' Yesterday's jury deliberation was halted after the foreman returned to query a remark about "sums of money'' made by Judge Norma Wade Miller in her summing up which the defence claimed was not part of the evidence.
The Judge said it was in her notes but there was a delay for it to be checked.
She returned and the jury had to be told that it was not part of the evidence.
Mr. Pettingill said: "Drugs cases are difficult in that there is the shifting of the presumption -- if you are caught with drugs it puts you in a very onerous and difficult position.
"And you have to shift that burden away from you. That has been the challenge here -- we always accepted the drugs were found in her room.
"It's a difficult position and one that wasn't accepted to the satisfaction of the jury. That may came down to a number of other issues.''
