Judge finds Martin guilty

| 26/01/2010

Cayman Islands News, Grand Cayman local news, court news, murder trial of Randy Martin(CNS): Updated with full story 6:00pm – Randy Martin (37) has been found guilty of the murder of Sabrina Schirn (left) in March 2009 by Justice Charles Quinn. The judge told the court on Tuesday afternoon, that he found Martin’s evidence entirely unreliable, that he had been completely, dishonest about his meeting with Schirn and the crown had proved its case beyond reasonable doubt. As the judge delivered his guilty verdict and handed down the mandatory life sentence, Martin who is already serving a ten year sentence in HMP Northward for aggravated burglary and firearms offences told Justice Quin he was “much obliged.”

The judgment, which took almost two hours to deliver, was read to a packed Grand Court room, which included Sabrina Schirn’s family and friends as well as senior officers from the RCIPS.

Justice Quin told the court that, taken together, the crown had demonstrated that the circumstantial evidence was sufficient to prove that Martin had brutally murdered Schirn at High-Rock on 11 March 2009, hidden the car and disposed of the glove and keys.

Reading his verdict, Justice Quin pointed to a number of issues that he believed had indicated Martin’s guilt. He said he accepted the crown’s submissions of how the DNA of both the deceased and the defendant was found on the glove recovered from near the scene of the crime by the prison farm, and the belt recovered from Martin’s cell, to the suggestions by Solicitor General Cheryll Richards that Martin’s behavior after Schirn went missing indicated his guilt.

The judge told the court he considered it was “significant” that Martin never tried to contact Schirn after what he claimed was their last conversation at 10:59 on the morning of 11 March when Schirn was killed, suggesting that he did not do so because “he knew that Schirn was dead.”

He said that when Martin lied to the police when he was first interviewed by them, he was not a suspect and had given his evidence voluntarily but had chosen to be entirely dishonest in his statement in regards to his knowledge of Schirn, the vigilance of the prison officers, the visits to the farm and more.

Although he said lying does not prove the guilt of a defendant, as it could also indicate an innocent reason to conceal something or someone else, when there appears to be no innocent reason for the lie it was the judge’s role to consider why a defendant would offer such dishonest testimony.

In this case he said he believed the defendant’s denial that he knew Schirn was consistent with the crown’s case that he was trying to distance himself from the murder.

Justice Quin also pointed to Martin’s insistence that he had met the deceased at 10:38 despite witness testimony and technical evidence from the telecommunication experts that all pointed to the fact that Schirn was in the Prospect area at that time, making it impossible for her to have met Martin in East End.

He also said he believed the evidence of Danielle Ramoon, who had testified that Schirn had received a number of voice mail messages from Martin, one of which included a request for Schirn to pick him up from the prison farm and drop him in East end on the morning of her murder. The judge said that, although Martin had denied leaving the message, he found Ramoon’s testimony to be truthful.

The judge said he considered a number of the defendant’s explanations when giving his evidence in chief as wholly implausible and dishonest.

Although when he reviewed the evidence presented by the crown and the defense Justice Quin had acknowledged the defense’s suggestion that Lance Myles was another possible suspect, he did not include consideration of that suggestion when he concluded that Martin was guilty.

Following the verdict, Adam King, Martin’s defense counsel, addressed the judge on future consideration of sentencing. King observed that, while there was currently no option but a mandatory life sentence, once the bill of rights, which is part of the Cayman Islands new Constitution, was implemented the mandatory tariff would have to be removed.

 

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  1. Anonymous says:

    Is it normal for prisoners to be able to leave the prison in a car? Just thought I would ask.

  2. Anonymous says:

    As the judge delivered his guilty verdict and handed down the mandatory life sentence, Martin who is already serving a ten year sentence in HMP Northward for aggravated burglary and firearms offences told Justice Quin he was “much obliged.”

    Is this sentence life without the possibility of parole?

    One has to wonder if sentencing a man who is already in prison to additional time in prison is true justice?

    This sentence does not appear to be without the possibility of parole, nor does Cayman law provide for hard labour.

    Will this prisoner be held in maximum security for their remaining stay at HMP Northward?

    At the current cost of 75k to maintain each prisoner per year we are looking at over a $2 million bill. 

    Are other options available where such sentences can be served in another jurisdiction at a lower cost?  

  3. **Dedra says:

    Bout time…

    –**R.I.P. Brina.. :'(
    He has been found guilty && justice has definately been served, but baby gurl yur still gone..:(–

    Mr. Schirn && fam.. she will always be with yu.. Srry he didnt get a death sentence, he got off with a life sentence it looks like..

  4. Anonymous says:

    I hope this serve as a stern message and warning to all these girls and women who continue to bring drugs,cell phones,alcohol  etc. to the prisoners in HMP

  5. Anonymous says:

    Mr Justice Quin is a good man and knows his job well. Justice has been served in accordance with the laws of these Islands.

  6. Anonymous says:

    The reported "much obliged" comment from Martin pretty much puts his level of responsiblity on the table…nonexistent. 

    He should serve his term and there should be a law that if a prisoner excapes from Northward then they are sent off island to serve out the rest of their term.

    • Anonymous says:

      Sent off island? Why? He’s an effing caymanian isn’t he like most of these jerks ruining our country. Where would accept him? He needs to rot in Northward.

    • Anonymous says:

      Not going to happen but…………If Cayman had an agreement with Cuba

      to pay them to take  some of these guys for ”rehabilitation” 

      Win. win..situation…Crime in Cayman would defenitely ‘drop”{who

      would want to end up in a Cuban prison?}

      Northward and the Cayman government would save money and Cuba

      would gain some much needed extra funds.     win win all around ..

       

       

       

       

       

       

       

      • Anonymous says:

        And why not!! Read on Cay Comp. this am

        even California has

        suggested they want to send some

        of their inmates to Mexico.

  7. Richard Wadd says:

    She is dead, and he gets to live out the rest of his days at ‘The Northward Country-Club’ (providing he doesn’t "escape" by walking out the Open Front Gates).

    How doesthis remotely equate to being ‘Justice’? 

     

    • Anonymous says:

      But what are we going to do in Cayman to combat the sort of situations that were revealed in the course of this case. Young "middle class" girls obsessed with older gangstas-it’s terrifying and no-one is talking about it. Recent Facebooks of the various women "seeing" the guy who was killed  not far from Welly’s (one of whom from a prominent  Caymanian family has a baby for him before he moved on to another ‘middle class" girl from another prominent Caymanian family) are depressing. The "girls" are unapologetic.and proud of their relationships with these guys.

      • Tina Trumbach says:

        How dare you? Hiding behind your cloak of anonymity. With your ill-informed comments and sickening judgements on people and relationships that you know NOTHING about.

        He has a name. He was not just some "gangsta" killed near Welly’s. He was Fabian Mark Powell. DEAD at only 27 years old. And a father, a son, a brother, a cousin, a partner and friend. He loved and was loved. He is missed and mourned.

        Killed. Senselessly. Brutally. And to date there are no details from the "esteemed" RCIPS on any investigation into his death. None divulged to his family anyway. And he was my family. And I his. That bond was never broken, and will not be – even in death.

        Yes – I am the mother of his child – his only child. His son.  Who he named, and had a relationship with, and had hopes and dreams for. In whom the best of Fabian will live on.  

        And no, I have no apologies for my relationship with him. None at alland I never will. I don’t owe anyone any apologies for caring about someone who also cared about me. We are all free to love who we choose.

        I was and am and always will be proud to have been with him.  And not for the reasons you suggest in your insulting and cruel comments. But because I saw the best of Fabian. The good, the beauty, the light within Fabian that people like you cannot see due to your tunnel vision and psuedo morality.

        I loved Fabian, not because he was a "gangsta" as you infer – but because he was intelligent, and talented. Creative and funny. Loyal, generous and loving. Because of all of the beauty he had within him DESPITE the labels slapped on him by a narrow-minded and hypocritical society too quick to tear people down before they even try to lend a hand to lift them up.

        You have no idea what our relationship was, or what we shared. No idea at all. You have no idea the depth of my rage, grief and heart break. So please do not pretend to understand – you obviously do not have the mental or emotional capacity to do so. And please do not belittle the tragedy of losing him, to me or to his son, or to the rest of his family.

        Does coming from a "prominent" family make me any better than Fabian? NO. Does it make him any less worthy of my love, my time, my concern that he did not come from the same "prominence"? NO – it doesn’t. So typical – your attitude just makes me sick. Caymanian society never did Fabian any favours in life. He had to make his own way. Who are you to judge – him or me? Only God can do that.

        We all fear what we do not understand. I pity you for your ignorance. As long as people like you spout your hateful opinions, our young men will continue to fall through the cracks. They will continue to fill the cells at Northward, and they will continue to die senselessly and tragically. They will leave behind fatherless children and heartbroken mothers and families. Because people like YOU just cannot bring yourselves to care about other human beings.

         

         

        • Anonymous says:

          Tina, I don’t know who you are but I take my hat off to you. May God bless you and your child I never new your boyfriend but he was very luck to have someone like to.

          For those who sends comments in the news services please think before you make your comments.

        • Miss T.H.E. Pointe says:

           XXXXXX

          Tina, I agree with you that everyone deserves to be loved and everyone has beauty in them. Speaking generally now, not about you or Fabian as I do not know you nor did I know him, the flip side of loving someone is that part of our responsibility of loving someone means helping that inner beauty shine like a beacon.

          If someone’s lifestyle is not reflective of the beauty they possess, then society suffers in some way or another and if those of us in that person’s life somehow facilitate their negative contribution to society, then we have done a grave injustice to the very ones we claim to love.

          The poster that offended you has a point in as far as his/her comments about those that indirectly contribute to criminality and other ills. Surely, the state of Cayman’s crime rate is reflective of this with the number of unsolved murders and lack of witnesses in investigations and court cases. While this may not apply to you, certainly you can accept that far too many parents, spouses, lovers, siblings, friends and other relatives keep quiet about the wrongdoings of those around them, ignoring the elephant in the room. Of course, no one wants to see that their low-paid or unemployed son/daughter is living a lifestyle beyond his/her means or the fact that a group of friends seem fiercely loyal and boast the same tattoo, for example, but when we ignore these signs, we all suffer for no man is an island. Whether or not this applies to you, this very much has Cayman society is a stranglehold and judging by how well you write, you are obviously intelligent enough to know that.

           So yes, everyone deserves love. But love should not always be blind. Forgiving and tolerant, but not blind.

        • Macman says:

          I noticed that you did not claim he had an innocent life style only that Cayman Society did him no favours. No one should expect society to do them favours; in fact many of us have had a very hard life but still remained honest as well as law-abiding and carried on a useful and productive life supporting our families!

        • J. EBANKS says:

           Tina,

           

          I do not know you, but i know this: you are highly intelligent and indeed open-minded. Thank god for people like you.

          I am sorry for your loss. I can never imagine what that feels like. 

          I just want to say you hit the nail on the head. You are absolutely right with EVERYTHING you said. Brought tears to my eyes.

           

          God bless you and don’t let anyone bring you down, its good to know that there are others out there who feel the way I do about Cayman society. People are too judgmental and haetful towards each other. Hold your head up high. You are an amazing person.

           

      • Anonymous says:

        It is heartening to see the thumbs up support for this post but when you compare it with the obsessional multi-post stuff every time the gay issue comes up, it is rather sad. Gays are NO danger to our society yet they engender a terrific volume of comment. The sort of thing the poster about the role of young women with our criminal element is highlighting is ruining our country.

        So what do you think Rev Sykes, Pastor Al etc etc?

    • **D says:

      yea.. or runnin off the farm..

  8. Anonymous says:

    Thank God! Finally some closure for this grieving family.

    Let’s hope the future appeal is denied, as we definitely do not need anymore repeat offenders, vagabonds, or murderers back on the street! While we’re at it — the existing prisoners should not be allowed off the HM Prison compound to play football! There should be no future opportunity to mingle with innocent civilians outside of their on-compound (supervised) visiting hours! They are prisoners afterall!

    Prayers to Sabrina’s entire family and group of friends.

  9. Anonymous says:

    Well done CNS on the cover of this trial!  

  10. Anonymous says:

    Oh dear, a murder conviction based on circumstancial evidence. Let’s await the appeal and the next chapter in this farcical situation run by the legal department.

    The poor family, today is like another loss of the same magnitude as when Sabrina left us, God rest her soul.

  11. Anonymous says:

    Rest in peace Sabrina.  Justice has been served.

  12. Anonymous says:

    The prison farm may have been shut down but the failing policies of the prison director will continue until the next death

    • Anonymous says:

      So, does his conviction mean he won’t be running around killing anyone else – unlike his last "conviction"?!?

  13. Anonymous says:

    Well done RCIP! I hope the family can get some closure with this result.

    • Anonymous says:

      Actually if you read over the case, it is not the RCIP that should be praised as they made a lot of errors.  From the beginning they did not handle the investigation properly when they were searching for her.  Randy could have easily gotten off on a technicality.

      Prayers does wonders though.  RIP Sabrina.    

  14. Baya 4 life says:

    well done to the crown for finding the evidence to convict Martin.  To the Schrin family, my heart go out to you and sorry for your lost.  I hope this brings a little closure to you.

  15. Anonymous says:

    R.I.P Sabrina, Justice is served!

  16. Anonymous says:

    Justice for Sabrina at last!