Attorney: Buju appeal likely to fail

After the 12-member jury, by virtue of the verdict, threw out Buju’s defence yesterday, the singer remained composed.

KINGSTON, Jamaica, – A Miami-based lawyer who said he advised Buju Banton to take a plea deal soon after his arrest on cocaine charges in 2009, says it’s unlikely that the singer will succeed in an appeal against his conviction.
Professor David Rowe, in an interview on Radio Jamaica yesterday evening, suggested that Buju should have thrown in the towel a long time ago because of the evidence that had been gathered against him.
The lawyer’s comments came after the 37-year-old singer was found guilty of conspiracy to possess with the intent to distribute more than 11 pounds of cocaine; attempted possession with the intent to distribute cocaine; and using a communication facility to facilitate a drug-trafficking offence. The jurors, who returned with their decision on day two of deliberations, found him not guilty of possession of a firearm in furtherance of a drug-trafficking offence.
Buju, whose real name is Mark Myrie, could get 15 years in jail. His attorney, David Markus, has indicated that an appeal will be filed, as well as a request for bail pending a hearing.
But Professor Rowe said that as far back as the night of Buju’s arrest – December 10, 2009 – he recommended that the singer not go to trial to avoid being hit with a heavy prison term.
“When I read the probable cause affidavit, I suggested that he immediately take a plea which would have probably resulted in a two or three year resolution to this case,” Professor Rowe told the radio station.
“But he elected not to do so, he elected to hire attorneys and run a very, very exotic defence of entrapment but the entrapment defence does not work in federal court…To tell a jury that the reason why I did something was because I was not prone to do it and somebody overcame my will is very difficult to explain. It’s statistically a very difficult defence," he added.
Buju’s friend Ian Thomas who is godfather to two of the singer’s children, and another man, James Mack, both of whom were arrested when they tried to buy cocaine from an undercover detective the same day Buju was arrested, pleaded guilty to their charges and are now awaiting sentencing.
During the trial, the defence argued that government informant Alexander Johnson – whom Buju first met on a flight from Madrid, Spain to Miami, Florida in the summer of 2009 – pressured the entertainer to enter a drug deal with him.
The prosecution produced audio of a series of conversations in which Buju was heard discussing buying and selling cocaine, as well as videotaped evidence of him tasting cocaine in a warehouse.
But when he took the witness stand, Buju said the conversations were “just talk”. As for the video, he said he thought he was being taken to see a boat and when he realised Johnson was serious about dealing drugs, he feared for his life and decided to play it cool and go along with it.
After the 12-member jury, by virtue of the verdict, threw out Buju’s defence yesterday, the singer remained composed. He hugged his lawyer and blew a kiss at crying supporters in the courtroom before being taken into custody.
He later issued a brief written statement, which was read by his attorney: “Our life and our destiny are sometimes pre-destined and no matter where this journey takes me, remember I fought the good fight. It was a great man that said my head is bloody but still unbowed. I love you all thank you for your support.”
Buju’s trial began last Monday February 14, a day after he won his first Grammy. The jury began deliberating Friday, resuming deliberations yesterday after a holiday in the United States the previous day.
It was his second trial, the first having ended in mistrial after jurors were unable to reach a unanimous verdict.