GUILTY OF MURDER – Brian Emmanuel Borden
Brian Emmanuel Borden (29) was found guilty of the murder of Robert Macford Bush (28) by Grand Court Justice Alex Henderson on Wednesday (6) in a Judge Alone Trial. Borden was sentenced to life imprisonment.
The Judge found, after listening to all the evidence, that Borden was one of two killers who shot Bush in the head whilst trapped in his car that he had crashed into a wall whilst he had been trying to escape.
Marlon Dillon was the Crown’s key witness and the judge said he had accepted most of his evidence that Borden had confessed to the crime to him in 2012. The judge said this had been corroborated by independent witnesses.
Although the judge said he had been cautious regarding the evidence given by Bush’s girlfriend, Mayra Ebanks, he believed she was telling the truth and accepted most of her testimony. Ebanks had been in the passenger seat of the car Bush was driving when he had been murdered. She had received superficial wounds from the shotgun pellets from the gun used.
Tracy Walton, the Judge said he found a reliable witness even though she had exaggerated the number of times she had visited Borden in prison.
Justice Henderson, however, discounted the evidence given by defence witness, Renaldo “Naldo” Sanchez.
The RCIPS expert witness’s evidence regarding the cell site showing Borden’s phone was in the area of the murder was accepted in full by Justice Henderson.
He also noted Borden had not given evidence on his own behalf and he had attributed his silence to him not being able to answer questions satisfactorily that would have been put to him.
David Tomasa, who had been charged also with Bush’s murder, had his charges dismissed by The Grand Court Justice. Henderson ruled there was insufficient evidence to prove his alleged role in the murder.
Tomasa is already serving 14 years in jail for masterminding two robberies in 2012.