Wellman case `was strong'
$500,000 worth of cocaine and cannabis, the Court of Appeals was told yesterday.
Acting Solicitor General, Mr. Brian Calhoun said the case against Everette Wellman was "very simple'' and a "strong'' one.
Mr. Calhoun also argued against Mr. Frank Phipps QC, representing Everette Wellman, who said on Monday that because his brother and co-defendant, Wallace, had been acquitted, Everette should have been as well.
Everette was sentenced to 12 years in prison last October after a jury convicted him on charges of importing 14.6 ounces of cocaine last March 20 and importing 14.5 pounds of cannabis and possessing it with intent to supply.
The same jury found Wallace not guilty of possessing cannabis with intent to supply.
The brothers were arrested at a Southampton apartment after Norman Wellman, a self-employed truck driver, delivered the sets to them which were loaded with cannabis.
Norman had been followed home from Hamilton Docks by Police who found the drugs in the televisions and replaced them with dummy packages. He denied the cannabis was his and said Everette paid him to collect the televisions and deliver them to a Southampton address. He then led the officers to the apartment where they arrested Everette.
Mr. Calhoun said the verdict now being challenged was reached not only on evidence given by Norman, who is unrelated to Everette, but on several other points.
He said a card with the company which shipped the TV sets was found in Everette's possession and Everette made several telephone calls to Norman, countering the defence's argument that Norman was the one who called him. Two days after Everette returned from New York, phone calls were made from his residence to the telephone number on the televisions' invoice.
"Allegations of the defence was that Norman Wellman, caught with drugs on the spur of the moment, invented this story about Everette Wellman,'' he said.
"The position of the Crown is that not only do these series of calls show contact between Everette Wellman and various people, it also negates allegations that Norman Wellman is just making it up.'' He said additional evidence indicated that Everette had not told the truth.
Everette denied asking Norman to take the sets to the apartment and said the conversation they had was about asphalting at the apartment.
But the house's owner said no asphalting was to take place.
Mr. Calhoun said although Everette insisted he was in a hurry to make a phone call, he made two stops to collect tools, cleaning material and baggies before he went to the apartment to meet Norman.
"He ... went inside through a window and took tools in through this window,'' said Mr. Calhoun. "He acknowledged he wanted to make a phone call in a hurry.
It made no sense for him to take screwdrivers, pliers and baggies with him.
The pliers and screwdrivers were consistent with being able to open the back of the televisions.'' And he questioned why Everette stopped to place a dustcover over his car before entering the house when he said he was in a hurry. It indicated Everette intended to remain there for some time.
