Pemberton is photographed here in the Magistrate’s Court yard on February 15, 2012. Photo: VINO

Pemberton was allegedly stopped in Duffs Bottom on the evening of February 20, 2010, where a .380 pistol and seven matching rounds and eight grammes of cannabis were found in the centre console of a rental vehicle. It was alleged that .9 grammes of cannabis was also found in the defendant’s left rear pocket. He pleaded not guilty to the offences.

In her closing statement, Senior Crown Counsel Christilyn Benjamin said that Pemberton was not a credible witness who went into “a can’t recall” mode out of convenience.

Under cross examination, the defendant told the court that when he picked up the vehicle from the Administrative Complex on Friday February 19, 2010, he had given it to a female friend for the evening but can’t recall if he used it on February 20, 2010.

However, when shown his statement to the police of using the rental for his personal business and that the police stopped him in the said vehicle – Pemberton admitted that what he told police was the truth.

Meanwhile, his lawyer Stephen Daniels pointed out that the co-owner of the car rental, Devon Smith, did not physically give the keys and searched the vehicle in the presence of his client when he left the vehicle for Pemberton at the Administrative Complex.

Smith had also testified on Friday and admitted that Pemberton had informed him that he was on the Admin Complex roof, and in light of this he, Smith had left the doors unlocked.

But the Crown’s witness also claimed that he had searched the vehicle to ensure everything was in place prior to leaving it in the Complex’s parking lot. The vehicle was to be retuned on Monday, February 22, 2010.

And when cross examined by Daniels, Smith told the court that there was no written agreement for the rental of the vehicle and it was until after Pemberton was arrested that he filled out a form and someone else signed as Pemberton. He could not say who signed, adding that he and his business partner kept the records.

Daniels built his case around the fact that the vehicle was left in a public place and anyone could have placed the gun and cannabis in the vehicle’s consol. He also noted that there was no DNA evidence on the gun and cannabis to ascertain they belonged to his client.

After listening to all the witnesses, the Crown had four, Senior Magistrate Stevens will hand down her verdict on May 5, 2012.