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Conflicting evidence at start of cocaine trial
published: Wednesday | February 5, 2003

By Paul A. Reid, Staff Reporter


The Frome Preparatory School in Westmoreland is one of several institutions in the parish to benefit from upgrading work by the Sugar Company of Jamaica's Frome division under its community outreach project. - Contributed

WESTERN BUREAU:

CONFLICTING EVIDENCE was presented in court on Monday as the trial got underway in the Montego Bay Resident Magistrate's court of three men including a government pathologist who were arrested in connection with a drug find in a shipment of tinned goods at the Sangster International Airport in June 2001.

They three, Dr. Audley Hamilton, Dave Channer, an independent haulage contractor and Michael Rodney, a sideman, pleaded not guilty to four counts of breaches of the Dangerous Drugs Act. They are charged with possession, dealing in, trafficking and taking steps to export approximately 40lbs of cocaine in June 2001.

The were arrested on June 18, 2001 after a shipment of canned products destined for Canada was found to contain liquid cocaine when security personnel at the Sangster International Airport inspected it.

The prosecution is contending that the shipment of 160 boxes each containing 24 tins was taken to the airport in a truck driven by Channer on which Rodney was a sideman.

The prosecution also said that the boxes had been stored at Dr Hamilton's home in Black River between June 13 and 18 after they were collected from Southern Fruits and Food Processors in St Elizabeth.

Gillian Hayles, a senior cargo agent with Air Jamaica, gave sworn evidence that she had handed over Channer's driver's licence to Constable Garnett Lounges of the Canine Division who was on special duty at Sangster at the time of the incident.

Ms Hayles who was the first of five witnesses for the crown called yesterday, testified that she was processing documents Mr. Channer had given her to ship the 160 cartons of what was said to be tinned ackees and carrot juice.

She said Channer was called to the back of the building and when she went to return the documents including his driver's licence, she saw him with the officer who was asking him for the document.

Later during cross examination by attorney-at-law, Vernon Ricketts who is representing Channer, Lounges said he never asked Channer for his licence and did not take it from him.

Dr Hamilton is being represented by Headley Cunningham QC while Rodney is being represented by attorney-at-law, Carlton Campbell.

Oniel Nembhard, a former security supervisor with Air Jamaica told the court in his sworn evidence that he had called Constable Lounges after he had discovered that the shipment contained other things than what they were said to be during a security check.

Nembhard said the security check involved opening the boxes and shaking the cans. He said some cans appeared to have solid ingredients not consistent with tinned ackee and when he opened one in the presence of Channer, notice a "semi solid substance consistent with cornmeal porridge".

He said he showed it to Channer and asked how the ackee looked like that and told the court that Channer responded by saying "it looked like it spoil".

Nembhard said he then called canine police post and when constable Lounges examined the contents of the tin, he then took Channer into custody.

Under cross-examination by Ricketts, Nembhard said Channer appeared "surprised" when he showed him the contents of the tin. Nembhard disagreed that the tin was already opened when Channer first saw it and also disagreed that the boxes were opened while he was away.

Constable Lounges told the court that he received a call from Air Jamaica security and when he responded was given an open tin by Nembhard and when he inspected the contents saw creamy substance that resembled cocaine.

He said he asked who the shipper was and Nembhard pointed out Channer who the officer said under caution replied "me never know seh a coke inna it."

Lounge said he took Channer to the Canine post and then after getting other information returned to the warehouse where he saw Rodney who was pointed out to him.

Under caution Rodney was alleged to have said, "man a tell mi fi run but me nah run, because me no know anything bout it."

Detective Sergeant Dennis McKenzie also gave evidence and told the court that he started investigations on the day when the men were held and later that evening about 8:40 p.m., a man who identified himself as Dr. Hamilton turned up at the Montego Bay police station, saying it was he who had given the boxes to Channer to transport to Montego Bay.

McKenzie said after he identified himself to Hamilton and informing him of what had taken place and cautioned the doctor, Hamilton responded, "What can I say, I am willing to co-operate."

Hamilton he said also identified the boxes that were taken from his home in St Elizabeth.

McKenzie said that Hamilton had voluntarily given a written statement.

The following day, McKenzie said he obtained a search warrant and took Dr Hamilton to St Elizabeth where he conducted a search of his home and office but said under cross-examination by Cunningham that he found nothing illegal.

Ms Hayles had told the court that Channer had presented to her three documents to accompany the shipment of tinned goods, a customs export entry form or 'C82' bearing the name and address of Dr Hamilton as the shipper and a consignee, the receiver, an address in Toronto, Canada; an instruction for Dispatch of Goods (IDG) for which she said is required by Air Jamaica for their files which described the shipment and a photo copy of Dr Hamilton's driver's licence with a note authorising Channer to act on his behalf and signed by Hamilton.

She said she was getting ready to prepare an Airway Bill when Channer was called away.

The trial will resume on March 10 and Resident Magistrate Ms Paulette Williams warned the attorneys that the trial must be completed by the end of that week.

The men's bails were extended.

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