iNews Cayman story published November 7 2014 “Marlon Dillon, robber and Crown informer, to be released after robbery trial” :

“Marlon Dillon was given a three year jail sentence for his part in two armed robberies after receiving a substantial discount by Cayman Islands Justice Charles Quin on Thursday because of becoming a police informant. As Dillon had already spent two and 5 months in prison already whilst awaiting his trial it is expected he will be released soon

“Dillon became a police informant in the two robberies he had admitted he had taken part in, at Cayman National Bank and WestStarTV,was the key witness against his accomplices and also in Brian Borden’s trial for the murder of Mackford Bush.

“Prosecutors said that they had secured convictions in all three trials because of Dillon’s evidence.

“Dillon will now be placed in the witness protection programme.”

In giving his Sentence Ruling on 6^th November 2014 Justice Charles Quin, Judge of the Grand Court of the Cayman Islands gave Marlon Dillon the following Mitigation in the WestStar TV and the Cayman National Bank robberies:

He said the DPP, Cheryll Richards confirmed Marlon Dillon had provided very serious and sustained assistance for the investigations of those two robberies and for other matters including one murder.

In the CNB robbery without Dillon’s information and assistance the convictions of the 5 defendants would not have been obtained.

In the WestStar TV robbery information provided to the police by Dillon meant the three persons charged were successfully convicted.

There were three other cases, CUC Robbery, Murder of Mackford Bush and the Extradition Proceedings of Ryan Edwards, where Dillon was not involved in that he provided information that gave the police “considerable assistance”.

Leading counsel on behalf of the Defendant submitted that Dillon had at a very early stage in relation to both the CNB and West Star robberies, the Defendant fully admitted his role in the offences and accepted his culpability. This early admission of criminality at these interviews was a strong mitigating feature and he had early pleas of ‘guilty’ to the three charges against him. Dillon had no previous convictions.

Justice Quin said:

“Defence also submits that the Defendant has been in custody since the 26th June

2. He has been kept in solitary confinement without any natural light and in

a very small space, which has led to a significant deterioration in his physical and mental wellbeing. The Defence points out that Marlon Dillon has had to be taken to the physician for a number of ailments including chronic constipation due to poor diet, loss of pigmentation due to lack of direct sunlight and a fungal infection of his upper torso. Additionally, because his family had to be removed, Marlon Dillon has not seen his wife and children for well over two years.

“Ms. Bennett-Jenkins Q.C. submits that Marlon Dillon can be regarded as a “super informant” and has highlighted the fact that Mr. Dillon has given evidence in three separate trials and, on each occasion, convictions have followed. As a consequence of all these strong mitigating factors and the high level of assistance given by the Defendant, Ms. Bennett-Jenkins Q.C. submits that this is an appropriate case for the Court to invoke s.41(I) of the Penal Code and record no conviction in relation to the Defendant’s guilty pleas for the two charges in relation to CNB and the one charge in relation to WestStar.”

The Judge said he had reviewed the helpful Social Inquiry Report (SIR) prepared by the DCR officer and the affidavit of Marlon Dillon’s wife.

“Marlon Dillon is a married man with a son and a stepson,” the Judge said. “Evidence from the SIR and from his wife’s affidavit confirms that he is a good husband and father and his family is particularly important to him. The DCR officer states that Marlon Dillon has accepted full responsibility for his participation in these criminal offences and has remained apologetic. Marlon Dillon is a first time offender and has no history of juvenile delinquency. It is the DCR officer’s view that Marlon Dillon seemed to have succumbed to negative peer pressure and the prospect of quick and economic gain. The Probation officer confirms that Marlon Dillon has asked to apologise to the employees at the bank, and, she is of the considered view that Marlon Dillon is genuinely remorseful.

“The Court notes that on the 23rd May 2012 the Defendant was a 28 year old married man with 2 children, a good job and no previous convictions. Within less than six weeks the Defendant had participated in two serious robberies leading to three serious criminal convictions. The Court agrees with the Probation Officer’s

insightful view that the Defendant succumbed to negative peer pressure.

“It is accepted by all parties that Marlon Dillon has lived in fear of his life since

providing this crucial information and whilst remaining in police custody for the

past two years and 5 months. He also had to be relocated recently for three weeks to

another cell which has been described by Defence counsel as similar to dog kennels. Defence counsel has also stated that these cells were described as inhumane by the Commissioner of Police. Furthermore, it is common ground that prisoners should not be detained in these conditions for more than 72 hours. Marlon Dillon spent a period of three weeks in these fairly dreadful conditions. It is fair and accurate to state that Marlon Dillon has been living in conditions far worse than he would have experienced in Northward and this solitary confinement in these conditions constitute punishment for the crimes he has committed.”

Various case histories were given by Justice Quin citing reasons for appropriate reductions in sentencing due to assistance apart from reduction due to plea of guilty.

Justice Quin said he found Dillon had shown genuine remorse and contition and had shown considerable courage in taking the action at risk to himself and his immediate family.”

However, the Judge noted that both the WestStar and CNB robberies were of a “most serious nature”.

“I understand,” the Grand Court judge continued, “that the Defendant has been told by his attorneys at various stages in these proceedings that there is no requirement for him to assist the Crown or to give evidence in any trial against either his co-defendants or against any other Defendants in cases to which he has no involvement. In relation to the CNB trial Marlon Dillon was in the witness box for some three days and was vigorously cross examined by five experienced leading counsel on behalf of the other Defendants. It is clear that the jury accepted his testimony and found the other 5 Defendants guilty of the charges laid against them. In my view this constitutes assistance at the very highest level.”

Justice Quin concluded:

“The court is faced with one fundamental and difficult issue. The Court has to balance the requirement of punishment for the crimes this Defendant committed, with the reward for his voluntary and courageous assistance. In my view, this is an

exceptional   case and deserves a very significant   discount. Marlon   Dillon has

provided   witness   statements   disclosing   the identities   of criminals   who have

committed serious crimes in the Cayman Islands. To adopt Lord Lane’s dicta in

Sivan, it is clear from the RCJPS statements that Marlon Dillon has assisted in

bringing to justice persons who, otherwise, would not have been brought to justice,

and I hope that it will demonstrate to others that it is worth their while to disclose to the RCIPS the activities of criminals in the Cayman Islands for the benefit of our

law abiding citizens and the community in general.

“Accordingly, I impose the following terms of imprisonment:

“3 years’ imprisonment in relation to the charge of Robbery on Indictment

#59/2012; 18 months’ imprisonment for Possession of an Imitation Firearm on Indictment #59/2012; and 18 months’ imprisonment in relation to the charge of Robbery on Indictment #58/2013.

“These sentences are to run concurrently and time spent in custody is to be deducted from the total sentence of three years.

“Marlon Dillon’s assistance has ensured that major criminals in the Cayman Islands

have been convicted and sentenced for offences of the utmost seriousness and,

accordingly, in my view, he is entitled to this significant discount to ensure that he

is able to rejoin his wife and children at the earliest possible time.

“I agree with leading counsel for the Defence that Marlon Dillon has done a great

service to the people of the Cayman Islands at considerable risk to himself and his

family. Although this Court plays no role as to what happens to Marlon Dillon after

he serves his time in custody, I sincerely hope that upon his release, the authorities

here and elsewhere will use their best endeavours to ensure that the Defendant can

be reunited with his family.