Canal provides no escape for fleeing burglar

(CNS): A burglar who jumped into the canal in Governor’s Harbour last December as he attempted to evade the police was found guilty by a Grand Court judge on Tuesday, despite his claims of simply being in the wrong place at the wrong time. Justice Charles Quin convicted Andy Myles of one count of burglary after he broke into an elderly woman’s home in Magellan Quay and stole jewellery, cash and other valuables. Myles and another suspect who was never caught woke up the elderly resident to make her empty the safe but fled when the alarm sounded. Shortly after leaving the house the burglars met with police officers, who ultimately fished Myles from the canal when he fell in during the chase.

As he delivered his verdict, Justice Quin said the version of events related by Myles, who gave evidence in the judge alone trial, was highly improbable. Accepting the witness evidence of the police who saw Myles and the second suspect in the area as they received the 911 report and then chased the two men, the judge rejected Myles' claims of innocence. The judge also pointed to DNA evidence which incriminated Myles, who, he said, had fabricated a story about why he was in the area only minutes after the burglary.

During the trial the court heard how, on the night of the break-in, the resident of the house, who was home alone as her husband was overseas, woke around midnight to find two masked men standing in her bedroom. The home intruders told the woman to get out of bed and open the safe and although they did not harm her, the resident said she was petrified. As she opened the safe, the alarm was activated and the men ran off and she immediately called 911 to report the home invasion.

Meanwhile, close by in the neighbourhood an unmarked police patrol car occupied by officers from the burglary squad received the 911 report about the break-in and as they did they spotted two men walking along the road nearby wearing dark clothes and hoods. One of the officers got out of the car and shouted, “Stop! Police!” and as he did the suspects took off.

The police then gave chase and the men jumped into the canal, and while one swam away the other was eventually cornered and pulled out by the officers.

The officer recognised the suspect as Andy Myles, who, although he admitted to the court that it was indeed him the police had fished from the water, claimed that had not committed the burglary.

Myles says that he ran away from the police when they called because earlier that evening he had been attacked by several men in West Bay and he was afraid they were back, as the police did not identify themselves. Myles said he had "no clue about any burglary" and "wouldn't do it to a lady like that." He claimed he did not jump into the canal but had fallen in when he tried to get on a boat to avoid the men who were chasing him. But he said that when he realised it was the police he came up from the water "nice and smooth".

However, with some of the stolen property and items of clothing nearby that contained Myles’ DNA, as well as his close proximity to the burgled home and the fact that he had been seen with the second man by the police before he attempted to flee, led the judge to conclude that Myles was not being truthful.

“When I consider all the evidence as well as the combination of circumstances, I am satisfied beyond all reasonable doubt that the defendant is guilty of burglary with another person who has still not beenapprehended,” the judge said.