After spending most of Friday considering the case against dancehall superstar Buju Banton, a 12-member jury is slated to resume its deliberations this morning at the Sam M. Gibbons building in Tampa, which houses the United States Middle District Court, Florida Division.
But there is no guarantee that it will arrive at a verdict today as Judge Jim Moody has instructed the jurors to take all the time they need in considering whether the prosecution has substantiated, beyond all reasonable doubt, any or all of the four charges brought against the Grammy Award winner whose real name is Mark Myrie.
Buju is charged with conspiracy to possess with intent to distribute five kilograms or more of a mixture and substance containing a detectable amount of cocaine; attempting to possess five kilograms or more of cocaine; knowingly and intentionally possessing a firearm in furtherance of and during the course of a drug-trafficking crime; and aiding and abetting others in using a communication facility in the commission of a felony.
In denying the allegations, Buju, through his attorney David Oscar Markus, argued that he never became a willing participant in the cocaine conspiracy alluded to in the indictment.
Markus argued that tasting the cocaine, talking about it, and being present at the warehouse where it had been set up by US law-enforcement officials was not sufficient to find Buju guilty of the crimes charged.
In his instructions to the jury on on Friday, Moody told the jurors they should consider some testimonies such as that given by paid informant Alexander Johnson on behalf of the US government with more caution than other statements.
The judge also told the jury that in order to find Buju guilty of conspiracy, they must be certain that he conspired with someone other than Johnson.
The prosecution has said Buju conspired with James Mack and Ian Thomas, his long-time friend, who acted on his behalf to further the conspiracy to possess and distribute the drug.
Moody also told the jurors that a person may be a conspirator even without knowing all the details of the unlawful plan, or the names and identities of all the other alleged conspirators.
“If the defendant played only a minor part in the plan but had a general understanding of the unlawful purpose of the plan – and wilfully joined in the plan on at least one occasion – that is sufficient for you to find the defendant guilty,” the judge said.
He, however, stressed that “simply being at the scene of an event or merely associating with certain people and discussing common goals and interests does not establish proof of a conspiracy. Also, a person who does not know about a conspiracy, but happens to act in a way that advances some purpose of one doesn’t automatically become a conspirator.”
A first trial five months ago ended with a hung jury as the jurors were unable to reach a unanimous position.
If convicted, Buju could face up to life in prison. (The Gleaner)
