The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

SENIOR Justice Jon Isaacs said he needed time to consider the submission of an attorney asking for a retrial order to be struck out against his client concerning the John Bull armed robbery.

The judge deferred his decision to December 4 concerning David Collins and whether or not he should be retried on armed robbery considering that he was convicted on the alternative charge of receiving in the near six-months long trial.

Collins, 33, of Cowpen Road and Jonathan Armbrister, 35, of Elizabeth Estates, appeared before Senior Justice Isaacs to be re-arraigned on charges from the previous trial where the jury could not reach an acceptable majority verdict.

Both men in the previous trial were accused of robbing John Bull’s Bay Street store of 12 watches, together worth $395,360, last May.

During the raid, a masked man used a hammer to smash open display cases and steal the luxury watches.

An accomplice was armed with a rifle and a third man drove a getaway car.

Another suspect stood trial with the pair in May this year. However, Jasper Curry was acquitted of armed robbery in August when Justice Indra Charles directed the nine-member jury to return a 9-0 not guilty verdict against him.

On October 31, the nine-member jury delivered verdicts on charges of conspiracy to commit armed robbery, armed robbery and other charges related to the incident.

Both Armbrister and Collins were found guilty of conspiracy to commit armed robbery.

Jurors found Armbrister guilty by a count of 7-2, while they were split 6-3 on Collins.

Both men were found not guilty of armed robbery, though in Collins case, the 5-4 was not acceptable in law. On the alternative charge of receiving, Collins was found guilty along with being convicted of causing damage.

After being sentenced in connection with conspiracy to commit armed robbery on November 7, Justice Charles noted that Collins, who received 20 years for his part in the plot to rob John Bull, would be sentenced for his receiving and causing damage convictions after a retrial on the armed robbery charge.

Last week Collins pleaded not guilty to armed robbery and receiving while Armbrister, charged with only receiving, also pleaded not guilty.

However, following the accused men’s arraignment, Geoffrey Farquharson, Collins’ attorney, submitted that the armed robbery charge could not stand and should be struck out because his client was convicted of the alternative charge of receiving and not armed robbery.

Prosecutor Sandradee Gardiner said the order of Justice Charles was for Collins to be retried on armed robbery and Armbrister on receiving.

With respect to Collins, she said the receiving charge was placed on the indictment sheet out of caution on the part of the Crown.

The judge however, said that the receiving charge with respect to Collins was not in accordance with the order by Justice Charles.

The prosecutor conceded that point. Senior Justice Isaacs said that he needed time to consider the submission of Mr Farquharson and deferred the decision to December 4.