Curtis Ambrose Simmons took the stand in his own defence in the Supreme Court yesterday minutes after the jury was instructed to find him not guilty on the first of three drugs charges.

After hearing legal arguments from both prosecution and defence, Puisne Judge the Hon. Mrs. Justice Wade told jurors there was "not sufficient evidence'' to convict Simmons of importing cannabis.

"I will therefore instruct you to return a verdict of not guilty on count one,'' Justice Wade said. "However, this should in no way effect your decision on counts two and three.'' The former Federal Express courier was accused of smuggling $291,000 worth of cannabis into the Island concealed in two Smith Corona word processors.

Simmons still faces charges of possessing the drug with intent to supply and handling it with intent to supply, both of which he denies.

The 29-year-old testified there was nothing unusual about Saturday, February 15, 1992 -- until he was arrested while making a delivery on the Middle Road in Warwick.

Simmons said although his normal schedule at Federal Express was from 9 a.m.

to 5 p.m. Mondays through Fridays, working on Saturdays was not unheard of.

The Spicewood Drive, Warwick, resident added that he had been asked to work that particular Saturday only the day before.

Simmons testified he arrived at the airport around 4 p.m. that day to drop off outbound packages, but a "working companion'' had told him there were other parcels to be picked up as well.

Among the items he loaded into his van were two boxed word processors.

Unbeknownst to Simmons, he was being watched from the airport parking lot by plain-clothed narcotics officers, who followed him back to the Federal Express office in Hamilton.

Simmons said he and another courier unloaded their vans -- the other man off-loading Simmons' van alone -- and sorted through the packages in preparation for delivery.

He recalled making a number of telephone calls from the office, including three to the residence of Randolph Anthony Davis.

Simmons said he was trying to contact one Troy Williams, who was a good friend of Davis.

Davis, who is currently incarcerated in Casemates Prison for offences unrelated to this case, testified earlier in the trial that the accused had called him to find Williams.

Simmons also placed two calls to a Troy Clarke, with whom he had originally made social plans for that day.

In addition, several calls were made to customers advising them their packages had arrived he said.

The former courier testified that as he was readying his packages for delivery, he answered three incoming phone calls, the first of which had no one on the other end.

The other two were from women looking for their "typewriters''.

Both callers gave Simmons descriptions of the merchandise and directions to their residences, which he wrote on pieces of paper and taped to the word processor boxes.

Although the machines were addressed to Busycomm Ltd. in Hamilton, Simmons said it was not unusual for a customer to call and request that the package be delivered to a private residence.

Investigating officer Det. Con. Ronald Greene testified earlier that a "white house with blue blinds'' did not exist at the Scott's Hill, Sandys Parish, address attached to the box confiscated by Police.

But Simmons said acting on the advice of defence lawyer Mr. John Perry QC, he attended the area himself during yesterday's lunch break and found a house matching that description at the address he had written down.

The father-of-one described his delivery route through Pembroke and Devonshire, including his stop along Deep Dale Road in Pembroke, where he got out of the van to secure its rear door.

According to Simmons, the light on the dashboard indicating that the door was not properly shut had been blinking off and on for awhile.

After a 20-minute stop at the Elbow Beach Hotel in Paget where he was unable to deliver a package, he drove to the private residence on Middle Road in Warwick where he was arrested.

Simmons said he had gotten out of the van with a parcel when he was approached by two men.

He admitted telling the officers, "Look, if these packages have drugs, I don't know anything about it'', but insisted they first identified themselves as narcotics officers and said he was being arrested under the misuse of drugs act.

After being placed in the back of his van for the trip to the Hamilton Police Station, Simmons noticed one of the word processor boxes was missing although he had not delivered it to anyone.

Simmons said he was approached by Det. Insp. George Jackson upon his arrival in the station's enclosed court yard.

Contrary to Police testimony, Simmons said his conversation with Det. Insp.

Jackson in the courtyard was not taken down in writing by Det. Con. Greene as it occurred.

The accused also denied any of the officers advised him of his legal rights before being led to the station's interview room some 20 minutes after his arrival.

Simmons will take the stand again when the case resumes this morning.