Jury of 12 to be empaneled
Brian Emmanuel Borden, whose trial for murder was to have started on Monday, will now have his matter begin on Tuesday, Jan. 28.
Borden is accused of murdering Robert Mackford Bush in West Bay on Sept. 13, 2011.
When jurors attended on Monday, they were asked to return on Wednesday. On Wednesday morning, Chief Justice Anthony Smellie told the prospective jurors that, after defense attorneys arrived, he intended that the jury would be selected and the trial would start next Wednesday.
However, after the attorneys came into court, they and prosecuting counsel went into the judge’s chambers. When they came out, the Chief Justice told the waiting jurors he would not proceed as initially intended. Following discussion with counsel from both sides, the intention now was that jury selection will take place on Tuesday, he said.
“All I can do is extend the apologies of the court and indicate to you that the administration of justice can be quite involved at times,” he commented in thanking jurors for their attendance.
Cayman’s Judicature Law provides that there be 12 jurors for a murder trial.
The prosecution’ case is being presented by Andrew Radcliffe QC and senior crown counsel Tricia Hutchinson.
Borden is represented by Maureen Baker QC, instructed by attorney Nicholas Hoffman.