Defendant Brian Borden chooses not to give evidence
Lead prosecutor Andrew Radcliffe summed up the Crown’s case against Brian Borden on Tuesday morning, saying the evidence would lead to the conclusion that Borden was one of two gunmen who murdered Robert Mackford Bush in West Bay on the night of Sept. 13, 2011.
He agreed with defense counsel Trevor Burke that the main witness against Borden was Marlon Dillon, who told the court that Borden had confessed the shooting to him four months after it occurred.
Mr. Radcliffe said Borden had motive, means and opportunity to commit the crime and he cited evidence that he said supported Dillon’s evidence.
Dillon had said Borden told him that he and Keith Montaque shot Mr. Bush. When Dillon gave that information to police in July 2012, he could not have known that phone records would show calls between Borden and Montaque around the time of the shooting, Mr. Radcliffe pointed out.
He noted the acknowledged hostilities between the young men of the Birch Tree Hill group, of which Borden was said to be a member, and those of Logwood, of which Mr. Bush was said to be a member. Jealousy could not be excluded as a motive because Borden’s former girlfriend was seeing Mr. Bush, Mr. Radcliffe said.
He also referred to evidence of threats Borden made against Mr. Bush and his requests to a former girlfriend to “set up” the victim.
Other supporting evidence included photographs of Borden with a handgun, although in interviews with police he had denied ever handling a gun. Shown photographs, he said they must have been “photoshopped.”
Borden had told police he was home with his girlfriend the night of the shooting and did not leave. But a woman who knew him from school days said she saw him outside the home of a relative of his near the crime scene about two hours after the shooting. Justice Alexander Henderson saw videotapes of the area at night and was asked to decide whether the lighting was sufficient for the witness to have seen and identified the defendant.
Phone records also showed that Borden’s cellphone moved from where he had been staying with his girlfriend to the vicinity of the crime scene, according to coverage provided by cell site towers.
After the Crown closed its case on Monday, Mr. Burke advised that Borden would not be giving evidence. He called one witness, Reynaldo Scott. Mr. Scott said he had known Borden since school days and gave him rides in West Bay. He denied that he had ever given Borden a ride to the home of David Tamasa, thus contradicting something Dillon had said.
Tamasa was accused by the Crown of providing ammunition to Borden for the murder of Mr. Bush, but Justice Henderson earlier this week found there was no case for him to answer.
The defense was due to sum up Tuesday afternoon.