Borden guilty of murder

| 06/08/2014

(CNS) Full report: Justice Alex Henderson sentenced Brian Emmanuel Borden (29) to life in prison after finding him guilty of the cold blooded murder of 28-year-old Robert Macford Bush (left) in West Bay on the night of Tuesday 13 September 2011, accepting the prosecution’s case that he was one of two killers who shot Bush in the head at point blank range while he was trapped inside his car, having crashed into a wall as he tried to escape. Borden’s wife collapsed in tears outside the courtroom after the verdict was read but friends and family of Robert Bush were also emotional, as they said that Wednesday, the day of the verdict, was his daughter’s tenth birthday and that he had been a good and loving father. (Left: Robert Macford Bush)

The judge accepted most of the testimony of Marlon Dillon, the crown's key witness who had told the court that Borden had confessed the crime to him in a car early in 2012, as it had been corroborated by several independent witnesses.

Justice Henderson rejected the additional evidence that Dillon had offered in the witness box about Borden telling him that he had run from the scene of the crime, hidden the guns and then showered with H7 bleach to wash away all evidence of the crime, as the judge said he had never spoken of it before. He also did not accept that the confession in the car had taken place on 4 January 2012, finding that, if it had taken place, it happened in February or March that year, as Dillon had said in his first statement to the police on the matter.

The judge said he had good reason to be cautious about the evidence given by Mayra Ebanks, Bush’s girlfriend who was in the passenger seat of his car when he was killed and received superficial wounds from the shotgun pellets. She obviously associated with gang members and three of her boyfriends had been shot and killed, Justice Henderson said, but he believed that she had tried to tell the truth. He said she now lives in another country and in her testimony did not appear to have any bias or animosity towards Borden, with whom she had had a brief and casual sexual relationship.

He did not accept her evidence that she had overheard Borden on the other end of a phone telling Jordan Manderson that he was coming for “the things”, meaning guns, as he said that phone recognition was even more unreliable than sight recognition. However, Justice Henderson did accept her testimony otherwise, including her observations regarding what Manderson and David Ebanks had been wearing as they passed by her moments before the murder as she waited for Bush, and how this differed from the clothing of the two shooters – contradicting the defence’s assertion that these two young men were, in fact, the shooters rather than Borden and Keith Montaque.

The judge also found that Tracy Watler was a reliable and dependable witness, even though she had exaggerated the number of times she had visited Borden in prison. He said her description of Borden’s actions regarding Robert Bush, which amounted to stalking, and the repeated threats to his life supported the central assertion given by Marlon Dillon in his testimony.

The evidence given by the defence’s only witness, Renaldo “Naldo” Sanchez, which had directly contradicted the evidence given by Marlon Dillon that he had dropped Borden off at David Tomasa’s house the day of the confession, was rejected. Sanchez testified that he had never been to Tomasa’s house. However, Justice Henderson said that Sanchez had mislead the court by claiming that he had never been convicted of any offence, and when it was disclosed that he had been convicted of stealing a car, he had claimed he was a minor at the time, which was untrue. Therefore, the judge said he did not believe his evidence and said it “did not have the intended effect of proving Mr Dillon a liar”.

The cell site evidence given by an RCIPS expert witness, which he accepted in full, showed that Brian Borden’s phone was in the area of the murderand not at home with his wife, as he had claimed to police. This, he said, did not prove the location of the defendant but it was a reasonable inference that a phone registered to an individual will remain in the possession of that individual unless there was evidence to the contrary. He therefore rejected Borden’s alibi.

Henderson said there was strong and independent evidence to support the testimony given by Marlon Dillon, who could not have known that the cell site evidence would corroborate his claims that the two shooters were Borden and Montaque.

He said there was no evidence of animosity between Borden and Dillon, and he did not give credibility to the defence’s suggestion that he had implicated Borden in order to protect his family in case Tomasa, who was jailed for his part in two armed robberies partly on Dillon’s testimony, had wanted them harmed.

The judge further noted that Borden had not given evidence himself and he was entitled to draw adverse inference from his silence. He said Borden had been well represented and well advised and his silence could only be attributed to the fact that he had no answer or that his answers would not hold up in court, as he sentenced him to life in prison.

In the spate of tit-for-tat gang murders that were triggered by the death of Robert Bush, 19-year-old Jason Christian was shot dead and Keith Montague was severely injured after both of them were targeted by masked gunmen while sitting in a van in Crewe Road on 20 September 2011. Montaque was airlifted to Jamaica but never returned and efforts to trace him have failed.

Related article:

Alternative shooters offered

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Category: Crime

Comments (30)

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  1. Anonymous says:

    Perfect! Now get the rest of the thugs off the streets. Cayman will be a nice quiet town again. 

  2. Anonymous says:

    Whether they are gang members or not, killing in cold blood is a henious crime.  So I want that post to explain to me who gives them the right to dictate "Human Rights" for cold blooded killers.  Estella's killers should be given parole too????

  3. Anonymous says:

    Which church does he attend? Could they not help?

  4. Anonymous says:

    GOOD, cha! Now let all the others who are responsible for intentionally taking anyone else's life also be brought to justice in the same way. LIFE inprisonment.

    RCIPS – I suggest you check out social a certain social media site…. it might just help you find Mr. Montague's current whereabouts along a few other interesting facts about these same hardened MURDERERS and other named individuals!

    Also, please can H.M. Prison find some way to block cell phone and internet usage once and for all?! These boys, and their female friends are sure making unna look point blank STUPID. Convicted murderers / rapists / armed robbers etc. are still a threat to society when they have such easy access and frequent contact with their outside connections. #JustSayin'

     

     

     

     

  5. Anonymous says:

    Great news! Because if he had got away trust me he would have only made it as far as the west bay fire station. Cuz dem was waiting pon him. Now the others should take heed and I hope they get Keith back here to face his fate too.

  6. Anonymous says:

    Since when is 29 and 28 "young"? they are grown men with children.

  7. Flo Ryder says:

    Sad Part "Boys" like Mr Brian Emannuel will leave their children with their terrible legacy out ya and in the hands drug addicts drunkards and convicted criminals to abuse and corrupt them also how truly sad.

  8. Anonymous says:

    Why do people think they have the right to take the life of another human being. You are God and will never be!!!! God be those evil people on the day of judgement.

  9. Anonymous says:

    Some lawyer will be appealing and looking to get a fixed term sentence for this killer to allow him back on the streets in 20 years.  Government should amend the law to say that anyone convicted of murder, should have to spend at a minimum, the equvalent number of years the person killed would have left to live, using the average life expectancy of people living in the Cayman Islands today.  Otherwise, in 20 years, the current 20 year old punks who kill now will be back out when they are 40 years old only to repeat history.  That is not justice and certainly isn't protecting society.  And just so everyone understands this point, long sentences do not deter criminals, long sentences are only a means to protect society from dangerous criminals.

    • Knot S Smart says:

      Excellent suggestion…

    • Anonymous says:

      And who will be paying for his room and board???? Man these people need to hung out to dry in sun for all to see what happens to Murders……..i certainly don't want to pay for his room and board for a single day!!!! 

       

      • Anonymous says:

        Capital punishment solves that one….

      • Anonymous says:

        Wish that was the case, but the gallows are gone.  However, if you don't want to pay for him to be locked up, then you can Board up your house and keep him with you night and day.

      • Anonymous says:

        We the public will be paying for his room and board. And why not? We are paying, through legal aid, for the court case being brought by a senior civil servant concerning his "treatment" by government when he is still being paid a salary by government and his wife just retired on huge pension with benefits. We the public are suckers.

  10. Anonymous says:

    Now can we have more gated communities?

  11. Anonymous says:

    It is frightening there are people like this in the country. There is something missing in this young man to allow him to kill without concern.

     

  12. Anonymous says:

    Every young guy should be embarrassed to admit being a "gangster" in Cayman today.

    All you idiots do is kill yourselves over girls. That is NOT the code fellas. Remember, "Bros over hoes" and M.O.B.!!

    It is never too late guys. The gangster thing just isn't worth it. Mostly because in a few years you will look back on how you are living now and wonder to yourself; "What the hell was I thinking?!"

    That is if you don't get your head blown off by one of your rivals … as he uses your ex-girlfriend, his new girlfriend, to set you up.

    Honestly, all of you would be better off putting down the gun, cutting the hair, covering the tattoos and going down to Tara's office (yeah, I know – but what you want me to tell 'em?) and see if she can't find you job.

     – YKW

    • Anonymous says:

      I blame the women that sleep with these scumbags.  That is why the men do it.  That is why men do anything.

  13. Anonymous says:

    And unfortunately due to the new "human rights s…t" this monster can be let out earlier…he will not serve a life sentence….macandy shot the jewelry owner in the back of the head, while the man was onhis knees, he got out….what type of justice is that…..thank you England for your lack of rationality on life sentences..

    • Anonymous says:

      Human rights, like anything else can go too far. Unfortunately those who champion such rights live behind gated communities,  where they think they are safe from those they fight to get free.

      While the rest of us law abiding citizens have to walk looking over our shoulders and sleep with one eye open. 

    • Anonymous says:

      Actually, the UK has sought clarity from the court of appeal and does set whole life tariffs if the crime is of heinous proportions. That is why the killers of soldier Lee Rigby had to wait for sentencing. Michael Adebolajo received a whole life order excluding the possibility of parole, and Michael Adebowale received a minimum term of 45 years in prison.

      So you see your ignorant rant at the UK is baseless in fact, whole life without parole is part of the UK system of justice.

      • Anonymous says:

        9:12, you sound like an ignorant person.  Shooting a shop owner in the back of the head is not heinous?  Are you saying it didn't deserve a life sentence.  My statement not rant is not baseless.  Even the Blanford brothers, they deserved to rot in jail, not get out on parole.  So explain that

        • Anonymous says:

          Obviously you have a problem reading clear English. I was not justifying any murder or sentence, just merely clarifying your ridiculous notion that the UK doesn't take heinous crimes seriously enough and fails to offer judges the appropriate sentencing powers should they believe them necessary. That is of course an ignorant position as the powers do exist, (as illustrated in my post) if a judge chooses not to use those powers then that is a matter for the court of appeal and the lawyers concerned.

          so before you set off on another misjudged and clearly ignorant rant, please take time to read the post and understand its content fully. If you are unable to understand the simple explanation offered then get an education and try harder before embarrassing yourself in public.

  14. The Truman Years says:

    There are no gangs…

    • Anonymous says:

      So true..if he would have used a little common sense back then we probably could have gotten a handle on the situation but like most politicians was willing to say anything to get elected. Thank God he is in moth balls and will never sit in a seat in the Legislative ASsembly ever again..

      Irony is the both got life sentences…

  15. Anonymous says:

    Good!! Keep them all locked up forever. These young killers are the most wicked and cold young people I have heard about. Good thing they were caught early in their crime career and put away. Makes one wonder what kind of rearing they had  and they all seemed to be connected eihter by blood, or by gang affiliation and location.. Live by the sword- die by the sword.