Case against murder suspect thrown out

Tamasa discharged; murder trial continues for Borden

Cayman Islands Grand Court Justice Alexander Henderson discharged David Tamasa on Monday on an indictment for the murder of Robert Mackford Bush in September 2011.

Senior Crown Counsel Tricia Hutchinson confirmed that a discharge is the same as an acquittal; if there had been a jury, the judge would have directed  to return a formal verdict of not guilty, she explained.

The case against Tamasa was the evidence of Marlon Dillon, who said Tamasa told him he had supplied ammunition to Brian Borden, alleged by the Crown to be one of two men who fatally shot Mr. Bush in West Bay. The judge said there was no evidence that Tamasa knew of any intention to kill anyone when he handed over the ammunition.

A person who provides ammunition for a murder is an accessory only if he has the necessary knowledge that the principal intended to commit murder.

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