Bajan loses appeal —15-year jail term stands

A Barbadian who claimed incompetence of counsel at his trial,  lost his appeal yesterday and had a 15-year sentence with hard labour for trafficking in cocaine  affirmed.

The court, led by Chief Justice Sat Sharma, also held that there was no merit in Mark Durham’s  allegation that his  attorney Leon Gokool handled his trial incompetently. Gokool, in testimony before the Court of Appeal, revealed that Durham had implicated Prime Minister of Antigua Lester Bird in a drug scandal. Gokool said Durham  told him that PM Bird had paid him US$150,000 to take the wrap for the PM’s brother on a drug charge, and that the Antiguan police were looking for him. Gokool explained that it was only during the trial he was surprised to find out that  Durham was actually convicted by an Antiguan magistrate on May 15, 1998 for importing cocaine, and with intent to sell.

Gokool made the disclosure as he reassured the court  that he had taken instructions from Durham and had  made “copious notes” while taking instructions, but that those notes were destroyed in a fire at his house. He explained that the trial was his first case in the Assizes and he had done it free for Durham. Durham was represented by Gilbert Peterson while Trevor Ward was for the DPP. Durham was asking the court which included CJ Sharma, Justices Anthony Lucky and Wendell Kangaloo, to quash his conviction. His reasons were that he did not get a fair trial and that his attorney Gokool, failed to follow his instructions during the trial to have two documents, the Police Station Diary and the warrant of his arresting tendered into evidence.

Prior to the trial, Durham alleged that he did not give Gokool any instructions, but did give Theodore Guerra SC. Guerra, the court heard,  announced that he was not doing the case. Durham said that Guerra was his attorney,  but during a visit at the court’s holding cell with Guerra and attorneys Margaret Rose, Merritt and Gokool, Guerra withdrew from the case. After the attorneys departed with the exception of Gokool, Durham and Gokool had a conversation. Following several questions to Durham by the court, the CJ observed that Durham was no stranger to the courts and that he was aware of the procedures. Durham was arrested on June 24, 1998, at River Road, El Socorro Extension, San Juan, with four kilogrammes of cocaine. He was charged, convicted and sentenced to 15 years hard labour.