Murder trial in question at 11th hour

(CNS): Charges against a second man for the murder of Robert Mackford Bush have placed the trial of Brian Borden who was first charged with the alleged West Bay gang related killing in 2012 in jeopardy yet again. Borden is due to stand trial next Monday but charges laid against David Tomasa last month by the police have triggered mountains of last minute disclosure and raised numerous questions about the case. Nick Hoffman, Borden’s defence attorney told the court Friday that he had grave concerns about the trial given the release of so much material so close to the opening of his clients’ trial and the change in the crown’s case against him. However, having already faced two adjournments because of police enquiries the attorney said his client was still keen to press ahead as he has been on remand without trial for almost 18 months.

Police have charged Tamasa with murder though it is understood their claim is that Tomasa aided and abetted in the fatal shooting of Bush but under the law he can still be charged with the killing which carries a mandatory life sentence.

Bush (28 ) was gunned down while he sat in his car at the junction of Birch Tree Hill Road and Capts Joe and Osbert Road in West Bay on 13 September 2011. This triggered a series of gang related killings over a nine period in which five young men were shot and killed and a sixth seriously wounded. Borden was charged almost a year later with the murder and remained until last month the only person charged with the killing until last month when Tamasa was also charged.

Far too late for the crown to join Tomasa to the same indictment Borden will be tried alone but his attorney noted that the change could have a very significant impact on the case against his client as he raised concerns about the quantity of material which now exists that he will need to examine before the case against his client begins next week. Asking the court for an order to ensure he has all of the information generated by this investigation, Hoffman criticised the crown for the way in which they had handled the release of the documents and the 11th hour charge.