Cassandra Bodden was found not guilty Friday on charges of importation of firearms and ammunition.
Earlier this year a jury was unable to reach a verdict against Bodden.
Bodden was charged with offences related to the alleged importation of firearms described as .40 calibre Smith and Wesson, a 9mm Ruger, .45 calibre Glock model 21 and a 9mm Arcus between 23 and 27 April, 2008.
She was also charged with allegedly importing 50 rounds of Winchester .38 special, 25 rounds of Remmington Golden Sabre .45 and 347 rounds of Luger 9mm during the same period.
Crown prosecutor Tricia Hutchinson argued that Bodden knew weapons and ammunition were contained in a packaged toy car that was mailed to Cayman and addressed to her. Ms Hutchinson said Bodden told two police officers, who were acquaintances, what was contained in those packages – something she wouldn’t have known about otherwise.
Attorney Benjamin Tonner, who represented Bodden, said it was impossible for knowledge of what the package contained to be proven beyond a reasonable doubt and reminded the seven-person jury that the burden of proof was on the Crown.
He said the fact that Bodden contacted others and said she was not aware of what was in the package was not a matter of her being cunning and trying to deflect blame in the event “the gig was up”. Rather, they were the actions of a young woman who had not been expecting anything and was sceptical about picking up the package.
Mr. Tonner said the fact that she paid for the package and went to pick it up still did not prove beyond a shadow of a doubt that she knew what was in the package.
In summing up the evidence and instructing the jury, Justice Charles Quin said it was important for the jury to be sure Bodden knew what was in the packages. Mr. Quin told them to consider her actions, what she said, what she did not say, her conduct and her answers to customs officials.
“Use your experience of life and your common sense,” said Justice Quin.
After deliberating for more than two hours, the jury came back with a verdict of not guilt on all counts of the indictment.
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very interesting result… in one instance a jury could not make a decision while in the re-trial a jury "of peers" took two hours… that saids alot
Firearms have been discovered by police in houses and in cars whilst being driven, but it seems that unless you walk into the police station and wave your gun at the desk officer, possession cannot be proved in the courts.
Are we now to believe that guns can be firearms can be imported en masse , so long as the consignees even if they pay duty on the shipment, claim they are not aware of the contents!.