MANNY GARCIA Herald Staff Writer

With the exception of Cuban President Fidel Castro, few people irk the Cuban American National Foundation more than Wayne Smith, the former head of the U.S. Interests Section in Havana.

Smith, now a professor at Johns Hopkins University, has criticized the foundation for years and its support for the U.S. economic embargo of the island.

On Friday, the foundation celebrated a victory over Smith when a Dade Circuit Court jury ruled that Smith intentionally libeled the foundation during a nationally televised documentary in 1992.

The foundation successfully argued that Smith knowingly and wrongly said the foundation funneled public money earmarked for democratic movements through its political action committee and into the coffers of politicians.

The jurors -- two Cuban Americans, two non-Hispanic whites, one Nicaraguan American and one African American -- awarded the foundation $10,000 to correct that wrong, and $30,000 because they felt Smith purposely tried to harm the foundation.

"We have been killed for so many years," said foundation co-counsel George J . Fowler III, referring to Smith's comments, which have appeared in newspapers, magazines and on television and radio.

"We feel vindicated. Best of all, by a jury that was a cross-section of this community," Fowler said.

Smith showed no emotion at the verdict, but easily smiled minutes later.

"I'm mildly disappointed, but not totally surprised," said Smith, a Cuba scholar. "This is a tough town in which to confront the foundation.

"We will appeal."

Juror Paul Welsch said the panel of three men and three women was not intimidated by the foundation. He said Smith buried himself by testifying that he made the statement to "draw a cloud" over the foundation.

"If you have a child who lies, you punish him. We gave $10,000 toward legal fees. The $30,000 was to notify Smith that he lied and should be held accountable."

After the verdict, Smith and his attorney, Alfredo G. Duran, quickly caught an elevator on the fourth floor and left. Across the hall, foundation supporters hugged, cried, cheered and called others on their portable phones to break the news.

At the center of the bunch stood foundation President Francisco " Pepe " Hernandez and Chairman Jorge Mas Canosa. They tightly hugged with closed eyes.

"It is a sad day for American journalism when citizens of this free nation have to go to the judicial system to seek the truth and find justice," Mas said. "We have been the victims of
slanderous attacks by the liberal media, headed by The Herald.

Smith, considered an expert on U.S.-Cuba relations, is often quoted in national newspapers, including The Herald, The Los Angeles Times, The Boston Globe and The Christian Science Monitor.

But the issue here was a 90-second statement by Smith, which aired during a 60-minute documentary titled Campaign For Cuba, produced by the University of West Florida in Pensacola.

Said Smith:

"It's interesting that the National Endowment for Democracy has contributed to the Cuban American National Foundation and it in turn, through its own organization, through its PAC, has contributed to the campaign funds of many congressmen, including some who have been involved with the National Endowment for Democracy from whence they got the money in the first place, including Dante Fascell."

Fowler and co-counsel G. Luis Dominguez said the statement indirectly accused the foundation of criminal behavior -- by paying kickbacks to politicians who helped the foundation win grants.

"You don't have to say someone is a criminal to be defamatory," Fowler said Friday morning during closing arguments. "You can say Joe Blow robbed a bank without using the word 'criminal.' People only come to one conclusion -- a bad conclusion."

Away from jurors, one foundation executive said Smith's comment cost the organization about $1 million in donations. At trial, Fowler asked for $750,000 in damages. However, he said "this case is not about money. We're asking for Mr. Smith to tell the truth in the future."

For emphasis, Fowler laced his closing with poetry. He read six lines from a poem titled Do It Anyway. His thick New Orleans drawl filled Courtroom 4-2, which looks more like a church hall, with tall glass windows, dark brown railings and 12 rows of oaken benches.

"If you do good, people will accuse you of selfish, ulterior motives," Fowler said. "Do good anyway.

"If you are successful, you will win false friends and true enemies. Succeed anyway."

He finished with: "Give the world the best you've got and you'll get kicked in the teeth. Give the world the best you've got anyway."

His point: For years, foundation members have felt that Smith has kicked them in the teeth.

Duran quoted philosopher Voltaire to the jurors: "I disapprove of what you say, but I will defend your right to say it."

Duran said Smith's statement was accurate: "This lawsuit is about punishing Wayne Smith for exercising his right to be an American."

Duran, a Bay of Pigs veteran, represented Smith free of charge. He said he took up Smith's cause because he helped gain the release of scores of Cuban political prisoners.

"I used to be a hard-liner," Duran said. "Times have changed. The world has changed."

Jurors began deliberating at 2:01 p.m. At 4:43 p.m., they knocked on the glass-paned door. "We have a verdict," Dade Circuit Judge W. Thomas Spencer announced.