Murder trial adjourned in face of legal issues

(CNS): The chief justice dismissed the latest jury panel Monday with orders to return to the Grand Court on Wednesday for selection in the anticipated trial of Brian Borden for the murder of Robert Mackford Bush in September 2011, but not before fining several jurors from the pool who failed to show up $500. Borden, who has been remanded in custody since his arrest almost 18 months ago, has had two trial dates adjourned as a result of legal issues surrounding his case and further legal issues were heard by Chief Justice Anthony Smellie in the absence of the jury Monday. Although the start of the case was pushed back again, at this point the anticipated four-week trial is currently set down to open on Wednesday.

Borden is alleged by the crown to have been one of two men that opened fire on Bush as he sat in a car at the junction of Capt Joe and Osbert Road and Birch Tree Hill in West Bay in a gang-related killing.

The crown recently also charged a second man with the murder. David Tomassa, who the crown says aided and abetted the killing, will not stand trial with his alleged co-conspirator and is currently expected to have his case heard in the summer.

Tomassa, who has denied any part in the shooting, appeared in court Friday but did not submit a plea in the case at his attorney’s request as a result of discussion the defence team is now having with the crown.