Nov 17 - Man Found Guilty In Cocaine Trial
A man described as a “career criminal” has been found guilty for possession with intent to supply cocaine.
The jury in a Supreme Court trial today found Andrew Ferrell, 49, unanimously guilty of one count of possession with intent to supply 7.02g of cocaine.
His co-defendant Ylenia Gomez, 29, was acquitted for one count of possession of the Class A drug and possession with intent to supply in a case that dates back to March last year.
During the trial, the jury heard how officers from the Drugs Squad approached Ferrell’s Mercedes-Benz outside Referendum House in Winston Churchill Avenue after suspecting a drug deal was taking place. They arrested Gomez and another woman in the car for possession of cannabis resin, but detained Ferrell and drove up to New Mole House in his car for further questioning.
A sniffer dog was called and a manual search unearthed 10 wrappers of cocaine, £100 in cash and two mobile phones.
Ferrell claimed that Royal Gibraltar Police officers had “stitched” him up by planting the drugs in his car on the way to the police station.
Ferrell, who gave evidence at the Supreme Court yesterday, also claimed his DNA was only a match for that found on the wrappers because officers had rubbed his buccal swab onto the wrappers.
When prosecutor Ricky Rhoda QC, assisted by Mark Clive Zammitt, told him that was a serious allegation to make against police officers, Ferrell said they had done this to him before.
The defendant said he felt like a victim because he had rubbed up the police the wrong way, and that they were out to get him because they weren’t able to catch him when he previously supplied cocaine.
During the trial, the jury heard evidence from a number of police officers involved in the case as well as Ferrell’s friend. He admitted to having previously consumed cocaine in Ferrell’s other car, and said this was why Customs officers were able to pick up positive signs for cocaine contamination.
However, Mr Rhoda said this “didn’t stack up” as it didn’t explain why traces of the drug were found on Ferrell’s hands, belt, inside his trouser pocket and on his personal items.
Leigh Debono, who appeared for Ferrell, asked the jury to consider why the friend wasn’t questioned further at the same time as his client. He also said that although the drugs were placed in an exhibit bag, his client had not signed the receipt on it.
Mr Rhoda told the jury to consider Gomez’s role in the case as well. She had written an affidavit taking full responsibility for possession of the cocaine, claiming Ferrell didn’t know about it. However, in a later police interview, she claimed it was all made up. Mr Rhoda’s statement that Gomez had played a minor role was backed by Gomez’ s defence counsel John Restano QC. Mr Restano, who was assisted by Darren Martinez, said this wasn’t enough to convict his client.
When summing up the case, the Chief Justice Anthony Dudley told the jury to consider the motives behind the affidavit, adding that if Ferrell believed the drugs were planted by the police officers, why would he let his girlfriend take the blame for it other than to tackle her drug addiction and putting a spanner in the works in the police investigation?
The Chief Justice will be sentencing Ferrell at the Supreme Court on Wednesday 23rd November.
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